Legal Terms & Policies
Please Review the Forest Coaching Legal Terms of Service, Privacy Policies, Membership Terms & Accessibility as they effect your rights as a consumer.
Effective date: Nov. 1, 2020
Terms of Service
Terms of Service
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, landingpages 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.
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 theFOREST SERVICE may be subject to additional terms and conditions specified from time to time; your use of those elements of theFOREST SERVICE 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:
- Have been cleared to participate by a family physician;
- Have permission to participate from a parent or legal guardian who will provide supervision;
- Abide by common sense and all Safety Precautions
- 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 theFOREST SERVICE is revoked where these Terms or use of theFOREST SERVICE 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 theFOREST SERVICES, you are granted a limited, non-transferable, non-exclusive, revocable right and license to access and use theFOREST 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 SERVICE 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 SERVICE, nor will you take any measures to interfere with or damage theFOREST SERVICE. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of theFOREST SERVICE, 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 theFOREST SERVICE, you must register as a member of theFOREST SERVICE 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 (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 theForest Coaching Site and/or by other means through MindBody Online. Features and prices are subject to change.
Sale of Products
Forest accepts orders 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. 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 Service and continue as long as you have an account with us and/or continue to use the Forest Service.
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.
“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:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
- 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;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
- exploits minors or
- promotes illegal or harmful activities or substances;
- 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;
- Access, tamper with, or use non-public areas of the Forest Service, Forest computer systems, or the technical delivery systems
- 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;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- 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;
- Use theForest 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;
- 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;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Forest Service or Content;
- 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;
- Collect or store any personally identifiable information from the Forest Service from other users of the Forest Service without their express permission;
- 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;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Forest Service except as expressly permitted in writing;
- Impersonate or misrepresent your affiliation with any person or entity;
- 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;
- Violate any applicable law or regulation; or
- 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.
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, losses and costs that arise from or relate to
- your activities with, at or on the Forest Service,
- any User Content submitted by or on behalf of you or
- 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.
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:
- 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
- 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.
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.
General Statement of Liability Program Objectives and Procedures
Forest Service users, members, clients and affiliates understand that this program includes exercises to strengthen my cardiorespiratory and musculoskeletal systems, and increase my flexibility and range of motion. These exercises may include (but are not limited to) yoga, weight training, kettlebell training, TRX suspension systems, brain-based drills (including but not limited to visual, vestibular and nerve mobility exercises) assisted exercises and bodyweight movements.
It is your responsibility to communicate needs, physical sensations and personal objectives clearly with my instructor or provider and keep them updated on changes in my health status or goals.
Forest Service users understand that they will be charged for private sessions with Forest Studios or Annie Forest, LLC cancelled with less than 24 hours notice.
Description of Potential Risks
In becoming a user of FOREST COACHING with the intent of using the FOREST SERVICE,
Users understand that there are risks during or following exercise. These risks include (but are not limited to) sprains, bruising, muscle tears, soreness, fainting, abnormal blood pressure, respiratory distress and heart attacks. I understand that Annie Forest, LLC and Forest Studios shall not be liable for any damages arising from personal injuries sustained by me as a result of class or personal training sessions.
Forest Service users understand that I assume all risks and accept full responsibility for any injuries or damages resulting from exercise equipment, personal training, or classes at Forest Coaching and Studios or participating in online/video based classes, programs or personal training sessions.
Release of Liability
Forest Coaching and Studio members, users, affiliates hereby fully and forever release and discharge Annie Forest, LLC, its assigns and agents from all claims, demands, damages, rights of action, present and future therein. Understanding and warranting, release as agreed that Forest Service users are in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than
those items fully discussed on health history form and cleared by a physician.)
Forest Service users promise to communicate in the experience of any pain or discomfort, will listen to their body, discontinue the activity, and ask for support from the instructor.
Forest Service users also affirm that either (A) all of the following statements are true:
- 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;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- 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
- 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
- you are not pregnant, breastfeeding or lactating; unless
- 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.
- 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.
- Exceptions and Opt-out. As limited exceptions to Section 20(a) above:
- you may seek to resolve a Dispute in small claims court if it qualifies; and
- 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.
- 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.
- 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
- a retired federal or state court judge, or
- 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.
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.
- 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.
- 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.
- 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).
- 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.
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
Nothing in these Terms or otherwise limits Forest Coaching's right to object to subpoenas, claims, or other demands.
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.
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:
- Membership Terms
- 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.
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.
Effective Date of Current Policy: November 1, 2020
TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Forest Coaching & Studios and the requirements of applicable law. Some of the ways that Forest Coaching & Studios may collect Personal Information include:
You may provide Personal Information directly to Forest Coaching & Studios through interacting with the Services (including when you use our recommended fitness equipment during live in-studio classes or via our subscription services), participating in surveys, during events such as Homecoming, or promotions or sweepstakes, and requesting services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
TYPES OF PERSONAL INFORMATION WE COLLECT
Forest Coaching & Studios collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account withForest Coaching & Studios, purchasing Forest Coaching products or Services from us, using our fitness equipment or participating in a studio class live or via our subscription services, we may ask you to provide some or all of the following types of information
Purchases. When you choose to purchaseForest Coaching & Studios products or Services from us including fitness equipment and accessories, apparel, live in-studio classes or subscription services offered through any device, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, “Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, your Financial Information is processed by our third party processors and we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account created via the Services.
Public User Profiles. When you use Forest Coaching & Studios fitness equipment in studio, or subscribe to a Forest Coaching & Studios Digital membership, you will be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional.
Once your User Profile is created, anytime you log in to participate in a studio class in-person or via our subscription service, we will collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including programs accessed, achievements earned, classes attended, forum comments, ect.), your followers and who you are following, the course of the class and any other information that may be available from time to time.
You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including Forest Coaching & Studios, to identify you and therefore you may not be anonymous. Information included in your User Profile, including any achievements, milestones, streaks or badges earned via the Services may be displayed on in-studio digital signage if you come to a live class at any of our studios. Forest Coaching & Studios User Profiles are set to Private by default.
Voice and Likeness. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you visit our studios and/or showrooms, participate in studio classes and/or call our member support or inside sales teams. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally,Forest Coaching & Studios fitness equipment and Associated software and Apps may contain a camera, microphone and voice control features. These features are in use only when activated by you.
Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, visit our retail showrooms, register to receive Forest Coaching & Studios communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.
Registration for Sweepstakes or Contests. Occasionally, Coaching & Studios may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
Location Information. Based on your interaction with the Services, the type of device you use to access the Forest Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,”
Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. For more information on Automatic Data Collection, please see Section 3.3.
Information Submitted Via Services. You agree that Forest Coaching & Studios is free to use the content of any communications submitted by you via the Forest Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. Forest Coaching & Studios will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
- you grant us permission to do so;
- we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or
- we are required to do so by law.
Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to Forest Coaching & Studios and to enhance our ability to provide you with information about our business, products and Services.
HOW Forest Coaching & Studios USES YOUR INFORMATION
To Provide Products, Services or Information Requested. Forest Coaching & Studios may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including to:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of Forest Coaching & Studios Services;
Assist with monitoring your performance, fitness and health related statistics and usage trends;
Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;
Communicate with you about logistical matters, including product deliveries and product servicing visits;
Provide services to you;
Review and contact you to answer requests for member support or technical support; and
Allow you to register for classes and events.
Forest Coaching & Studios may use Personal Information about you for its administrative purposes, including to:
Measure interest inForest Coaching & Studios Services;
Develop new products and Services;
Ensure quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on Forest Coaching & Studios Services and systems, and, in Forest Coaching & Studios discretion, changes to any Forest Coaching & Studios policy;
Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
Process payment(s) for products or services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Maintain and administer our Services; and
Enforce our Terms.
Marketing Forest Coaching & Studios Products and Services. Forest Coaching & Studios may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services. Forest Coaching & Studios may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:
To tailor content, advertisements and offers;
To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest;
To provide Services to you;
For other purposes disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
Research and Development.
Forest Coaching & Studios may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, Forest Coaching & Studios may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on Forest Coaching & Studios or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
Services via Apps and other Devices. From time to time, Forest Coaching & Studios may provide Services that are specifically designed to be compatible and used on third party devices, such as mobile phones, smart TVs, and tablets. Forest Coaching & Studios will collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device. These versions ofForest Coaching & Studios Services may require that users log in with an account. In such cases, information about use of these versions of the Services may be associated with accounts. Some of these tools may store information on your devices. These tools may transmit Personal Information toForest Coaching & Studios to enable you to access accounts and to enable Forest Coaching & Studios to track use of these tools. Some of these tools may enable users to export reports and other information from the tool.
Anonymous and Aggregated Information Use. Forest Coaching & Studios may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Forest Coaching & Studios Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Forest Coaching & Studios may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Forest Coaching & Studios and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Sharing Content with Friends or Colleagues. Forest Coaching & Studios Services may offer various tools and functionalities. For example, Forest Coaching & Studios may allow you to provide information about your friends through our referral services, such as “Refer a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by Forest Coaching & Studios for any other purpose.
Other Uses. Forest Coaching & Studios may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;
Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;
Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 5 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.
THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS
The Service may contain links to other websites and other websites may reference or link to the Forest Coaching & Studios Site or other Services. These other domains and websites are not controlled by us, and Forest Coaching does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
Forest Coaching & Studios Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
THIRD-PARTY PAYMENT PROCESSING
ONWARD TRANSFER—Forest Coaching & Studios MAY DISCLOSE YOUR INFORMATION
INFORMATION WE SHARE
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for:
- provision of IT, analytics and related services;
- provision of information and services you have requested;
- payment processing;
- customer service activities such as deliveries and member support; and
Business Partners. Forest Coaching & Studios may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Forest Coaching & Studios may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Forest Coaching & Studios.
Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.
Marketing – Interest-Based Advertising and Third-Party Marketing. Forest Coaching & Studios are not currently, however may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Forest Coaching & Studios related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 5 below.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures)). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:
- to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
- to respond to your requests;
- to protect yours, ours or others’ rights, property or safety;
- to enforceF orest Coaching & Studios policies or contracts;
- to collect amounts owed to Forest Coaching & Studios;
- to comply with records retention policies;
- when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
- if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.
INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by Forest Coaching & Studios may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to Forest Coaching & Studios, you explicitly consent to the storage of your Personal Information in these locations.
OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to Forest Coaching & Studios Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by submitting an opt-out request.
Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
Forest Coaching & Studios may occasionally send you push notifications through our software and/or Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. Forest Coaching & Studios may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.
“DO NOT TRACK”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
COOKIES AND INTEREST-BASED ADVERTISING
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
For all other questions related to privacy, please contact [email protected]
Although Forest Coaching & Studios makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Forest Coaching & Studios is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Forest Coaching & Studios determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Forest Coaching & Studios will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
SECURITY OF YOUR INFORMATION
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
Our Services are not directed to children under the age of 14. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected] If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
REDRESS/COMPLIANCE AND ACCOUNTABILITY
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, Forest Coaching will endeavor to comply with the law or contract.
The following capitalized terms have the meanings set forth below.
“Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, Forest Coaching & Studios or to which Forest Coaching discloses Personal Information for use on its behalf.
“Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Forest Coaching & Studios or its subsidiaries worldwide.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as:
- race or ethnic origin;
- political opinions;
- religious or philosophical beliefs;
- trade union membership;
- genetic data;
- biometric data where Processed to uniquely identify a person;
- health information;
- sexual orientation or information about the Individual’s sex life; or
- information relating to the commission of a criminal offense.
“Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Forest Coaching & Studios or Forest Coaching & Studios Agents.
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.
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:
- your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
- you provide false or inaccurate information;
- you violate these Membership Terms, the Terms of Service or any other Forest Coaching & Studios rules or agreements then in effect;
- you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
- 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.
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.
Arriving more than 15 minutes late to a session without notice is considered a no-show and is billed as a full session.
We just want to say how excited we are to have you in our community. We understand how many ooptions are available, and are so grateful for your trust in choosing Forest Coaching and Studios as your personalized coaching provider.
Our company has over 10 years of proven health and fitness coaching experience, earning us the solid reputation we hold. We are excited to share our coaching styles and, of course, we’re always happy to assist you with all your questions and concerns!
Forest Coaching & Studios is committed to providing the best, most immersive, and accessible experience for our Members. Everyone has different fitness abilities and ambitions, and we strive to provide a variety of classes and content that allows all our Members to reach their personal goals. Our core values are putting our Members first and empowering people to be the best version of themselves, and we want that to be inclusive of the abilities of all our Members.
Our Mission and Requirements
I understand that I can expect:
High quality coaching, focused attention and firm compassion. We intentionally structure daily client load and are dedicated to continuing education and self-care in order to ensure the quality of your care and coaching time. We will be present in session and provide truth in love.
Open communication, boundaries and consistency. We’ll be honest about what we see in you, what we think you’re capable of and the work we believe it will take to achieve your goals.
Consistent, inspired sessions with a team of coaches that cares about you. We coordinate notes, share ideas, team together and will do our best to ensure a trained, connected coach is available to you if your usual coach is out of town.
I understand that my coaches expect:
Commitment to yourself. This includes a commitment outside of the studio with homework and drills. Remember that change is both exciting and challenging, and success requires consistency and willingness to be flexible. We will hold you accountable, we won’t quit on you, and we won’t let you quit on yourself!
Open communication. It is your responsibility and right to tell us openly if your goals change, if you are uncomfortable with a movement or suggestion, or would just have more fun if we shifted focus! Your experience matters and informs our decisions about your training — having clear, continuous information allows us to help you best.
COVID-19 Related Policies & Procedures
Forest Coaching and Studios will be partially re-opening our physical location on June 1st so that we can continue to serve the community in creating greater health. We are putting in place guidelines following the CDC and DHS guidelines and Three Phase plan, and we thank you - in advance - for your flexibility and assistance as we continue to transition with you in health.
By participating in Forest Services, paid or unpaid, you agree to be comply with and be legally bound by the following:
Semi-Private Training Sessions
We will not be provided in-person group training at this time. We are continuing to expand our digital offerings and look forward to meeting your needs via video!
We are offering three options for meeting with us in June. In order to manage our space and schedules to best serve you, please advise us of your preference for June, via email.
1. Training via Video. This will continue to be an option indefinitely. Please note that there may be some small adjustments to training times.
2. Training Outdoors. We are offering socially-distanced training outdoors. Options include: McPike Park or at the Capital Trail Head on John Nolen Drive. I(f you have an outdoor session scheduled and weather is inclement, your session will automatically be switched to video.)
3. In-Studio Training. If you choose to resume in person training in the studio please be aware of the following conditions and requirements Forest Coaching and Studios has put in place for your safety as well as the safety of our coaches.
Session start times will be staggered by 10 minutes.
Stay in your car until the start time of your session.
Wash your hands before you enter the studio and immediately following your session.
The water fountain will not be available. You may bring your own, resealable, container
or purchase a water bottle for $1.
Hand towels will not be available.
You may choose to wear a mask, but we will not require it of clients.
Sessions must be done by video if:
• you are experiencing any symptoms of Covid-19
• if anyone in your house is experiencing any symptoms • if you have allergies and cannot control sneezing
• your are feeling unwell or have cold symptoms
Staff and Studio Guidelines
Your coaches at Forest Coaching and Studios care about your health and safety. We want to see you! However, we want to make sure we are following all of the CDC’s guidelines as well as the best practices for YOU and for US!
We are in conversations with our building management about HVAC systems and how we can maintain sanitation at the highest level.
All equipment will be sanitized and put away between sessions.
Coaches will wash their hands between sessions
Coaches will wear cloth face coverings during sessions. You may request they be
removed, but the coach may decline.
Coaches will be required to test body temperature before beginning a training shift, and
will be sent home in the event of a fever. Coaches will remain home/ train by video if:
• they are experiencing any symptoms of Covid-19
• if anyone in their house is experiencing any symptoms • if they have allergies and cannot control sneezing
• they are feeling unwell or have cold symptoms
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Contact Us, We’re Here to Listen
If you have any questions or concerns with the accessibility of our website, apps or products, or if you have feedback or ideas about improving the usability or accessibility of Forest Coaching & Studios and our services, please contact us using the information below.
- By email: [email protected]
- By visiting this page on our website: Contact
- By phone number: (608) 205-8266
- By mail:
Forest Coaching and Studios
133 S. Butler St. (Lower Level)
Madison, WI 53703 US