Terms and Conditions

TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF MOTION LAB FITNESS SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS THAT MAY LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

LAST UPDATED: JULY 2024

1. SCOPE OF AGREEMENT

Motion Lab, (“Motion Lab,” “us”, “we”, or “our”) provides fitness classes and related Products, Services, content and features (collectively, with any other services, content, features or products that we provide that link to these Terms, (the “Services”) to you:

  • Through our website iamotionlab.com (the “Site”),
  • through our mobile applications (e.g., iOS and Android) (together, the “Apps”),
  • and at our brick-and-mortar studio.

These Terms of Service (the “Terms”) are an agreement between you and Motion Lab that sets forth the legally binding terms and conditions for your use of the Services. By signing these Terms or continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information and to learn about our privacy practices.

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Sites, downloading or using the App(s), attending classes in our studio, or contributing content or other materials to the Site or on or via the App(s) (as applicable), you acknowledge that you have read and understood this Agreement and you agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms. Please read the Terms carefully and save a copy for your own records. If you do not agree with (or cannot comply with) these Terms, you should leave the Site or App and discontinue use of the Services immediately; do not install, copy, or use the Service, software or any music, images, video, text, or other material available through the Service (“Content“).

While these Terms apply to you anytime you are using our Services, certain provisions of these terms will only apply to you when you are taking part in one of our exercise classes at a Studio (our “Classes”). For these terms please see the General Policies, Rules and Regulations Governing Participation in Our Classes section.

2. ACCOUNTS AND ACCOUNT SECURITY

In order to access some Services available on the Site and App(s), you will have to create an account (“Account“). You may only have one active Account at any given time and may not allow other people to use your Account to access or use our Services. You may not use another person’s Account. We expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are solely responsible for the activity that occurs on your Account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

3. CUSTOMER REPRESENTATIONS

By using our Services, you represent that you are at least 18 years of age.

You agree to abide by the rules and policies established from time to time by Motion Lab. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Service and any related software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

4. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws, as may be relevant in the jurisdiction in which you receive the Services or reside.

In addition, we expect users of the Services to respect the rights and dignity of others. You agree not to use the Services or Content, for any reason whatsoever:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation, as may be relevant in the jurisdiction in which you receive the Services or reside;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
  • To post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
  • To post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • To assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services;
  • To make any use of the Content that would infringe any copyright therein; or
  • To otherwise attempt to interfere with the proper working of the Services.

5. ORDERS, PURCHASES & REFUNDS

Our Site or Services may allow you to purchase Products directly from us in the form of class packages, memberships, gift cards, apparel, exercise equipment, accessories, early bookings, smoothies, and other related services or goods (“Products“).

We may make improvements and/or changes to our Products, add new features, or terminate a Product at any time without notice. We also:

  • cannot guarantee that our Products advertised or offered for sale through our Services will be available when ordered or thereafter;
  • do not warrant that information on a Site or Apps or provided at a studio (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and
  • reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Site or App is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Promo Codes and Discounts: We may offer promo codes, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. Any such promo code, discount or other offer may be discontinued or voided at any time. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Sites.

Taxes: If we are legally required to collect sales tax on Products you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Reservations: YOU MAY MAKE A RESERVATION FOR A CLASS UP TO TEN MINUTES PRIOR TO THE BEGINNING OF A CLASS. YOU MUST BE PHYSICALLY PRESENT PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT WHO IS PHYSICALLY PRESENT IN THE STUDIO. INDIVIDUALS WILL BE REMOVED FROM THE WAITLIST FIVE (5) MINUTES AFTER THE BEGINNING OF A CLASS. IF YOU HAVE JOINED A WAITLIST YOU WILL BE AUTOMATICALLY ENROLLED IN THE APPLICABLE CLASS IF A PLACE IS AVAILABLE UP TO TWO (2) HOURS PRIOR TO THE BEGINNING OF THE CLASS. YOU MAY ADD YOURSELF TO THE WAITLIST UP TO 15 MINUTES BEFORE THE START OF CLASS. BETWEEN 2 HOURS PRIOR TO THE BEGINNING OF CLASS, AND THE START OF CLASS ITSELF, YOU MAY ONLY BE MOVED OFF THE WAITLIST MANUALLY BY A MOTION LAB EMPLOYEE.

Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

Cancellations: You may cancel class through our online system or by calling the applicable studio directly. Reservations cancelled less than 12 hours prior to class will be considered “late cancellation”. The penalty for late cancellation is $10.00. The penalty for not attending a class without a prior cancellation is $20.00 (“no show fee”). This fee will be charged 24 hours after the scheduled class. If there is an extenuating circumstance that leads to late cancellation and/or no show and you wish to not be charged a fee, you understand it is your responsibility to email info@iamotionlab.com explaining your circumstance, and the fee may be waived at the sole discretion of management.

Refund Policy: Unused merchandise (Fully tagged with no stains) purchased at Motion Lab will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued, which will be usable for up to 30 days. No returns will be provided without a receipt. There are no refunds for class packages or memberships.

6. GENERAL POLICIES, RULES AND REGULATIONS GOVERNING OUR CLASSES

Non-Recording of Studio/Online Classes Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Motion Lab classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized officer of Motion Lab. Motion Lab instructors are not authorized to provide consent.

You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Motion Lab online or studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any Motion Lab activities or Services. You further agree to indemnify, defend, and hold harmless Motion Lab, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.

Prohibited Behavior: We want our classes, studio and all other Services to be safe and enjoyable environments for all of our users. With this in mind, we have established certain behavior that will not be tolerated while utilizing our Services (“Prohibited Behavior“). While using or taking part in our Services, whether in one of our studios, or at home or some other location, you agree that you shall not:

  • Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
  • Exhibit nudity, indecent exposure or exhibitionist behavior of any type. This type of behavior could result in criminal charges being brought against you;
  • Wear clothing that is inappropriate or unsafe for our workouts;
  • Allow any indecent or objectionable pictures, movies, words, or any other content be viewable or audible on your stream;
  • Interfere with other users’ enjoyment or participation in our Services;
  • Interrupt or interfere with our instructors or staff members;
  • Use our equipment in any manner for which they were not designed or that is not the proper use for the equipment;
  • Take part in our Services while under the influence of Alcohol, Marijuana, or any other intoxicant or narcotic; or
  • Use your phone or other electronic device other than for the explicit purpose of streaming or taking part in our Services;

The above list is non-exhaustive, and we, and our instructors and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behavior.

WE AND OUR INSTRUCTORS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A CLASS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED BEHAVIOR.

Health and Safety: By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other Motion Lab programs, whether online or in a Motion Lab facility or using Motion Lab equipment, and/or by using the Services, you hereby acknowledge and agree:

  • there are certain inherent risks and dangers in the strenuous nature of the Motion Lab workout program;
  • you have voluntarily chosen to participate in an intense physical exercise program;
  • you understand that Motion Lab strongly recommends that you consult with a licensed physician prior to commencing any classes;
  • you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: injury, abnormal blood pressure, fainting, heart attack or death;
  • no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes;
  • you have no ailment or injury that could be aggravated or made worse by taking part in our Services;
  • you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and
  • if you are pregnant, you agree that:
    • You will inform your instructor; and
    • you have consulted a physician or general practitioner that has approved your use of the relevant services.

YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES, MOTION LAB AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY MOTION LAB ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our classes.

CORONAVIRUS LIMITATION OF LIABILITY

By signing this contract (electronically or otherwise proceeding with this enrollment process) and utilizing the Services, you understand that Motion Lab will welcome individuals amid the Coronavirus (also known as COVID19 virus). Motion Lab takes the Coronavirus pandemic very seriously, as it is an extremely contagious virus that may lead to severe illness, permanent disability and death that is believed to spread by person to person contact. Motion Lab cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at Motion Lab may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at Motion Lab’s studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death.

You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Motion Lab’s employees and members.

Given the extremely contagious nature of this virus, you acknowledge and agree that there is an inherent risk of contracting COVID-19 during your time at Motion Lab, and YOU ASSUME ALL RISK of being infected with COVID-19 and related complications, some of which may not be known at this time. Specifically, you understand and agree that COVID-19 complications may include extensive quarantine and self-isolation, testing, hospitalization with additional medical treatment, Intensive Care Unit treatment, intubation/ventilator support, the risk of death, and other potential complications.

By signing this contract (electronically or otherwise proceeding with this enrollment process) and utilizing the Services, YOU ASSUME THE INHERENT RISK OF COVID-19 EXPOSURE. You understand, acknowledge and agree that all of the above risks, including that some potential risks are unknown, and voluntarily choose to use the Services.

BY ENTERING AND REMAINING AT THE COMPANY, YOU VOLUNTARILY ASSUME ANY AND ALL RISKS INVOLVING AND RELATED TO COVID-19 EXPOSURE AND RELATED COMPLICATIONS.

Personal Belongings: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

WIFI Access: We may provide access to WiFi connections or similar network connections to you (“WiFi”) at our studios or other locations. BY USING WIFI, YOU ARE AGREEING TO THESE TERMS. Your use of WiFi is subject to these Terms and permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and we are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

7. DESCRIPTIONS, TESTIMONIALS, OPINIONS, RELIANCE

Our Services may contain expert or instructor opinions. Information on the Site identified as expert or instructor opinion, or accessed from any of our Services by iamotionlab.com or the Apps, represents the opinions of these respective experts or instructors, which are not necessarily those of Motion Lab. Our Services may also make statements related to supplements, diets or similar products or advice. Those statements should not be taken as medical advice or statements about a supplement’s or diet’s effectiveness or suitability for treatment of a medical condition.

The information presented on or through our Site or Services, whether originating from Motion Lab, our employees or affiliates, or a third party, is made available solely for general information purposes. We make no warranties or representations as to the accuracy, currency, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We reserve the right to withdraw or amend our Sites or Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason any or all parts of our Site or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites and Services, or the entire of our Site and Services.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY OF OUR SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. WE MAY NOT BE HELD LEGALLY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES OR SERVICES.

8. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to:

  • the ability to book and/or purchase Motion Lab Services via your mobile phone;
  • the ability to receive and reply to Motion Lab messages;
  • the ability to browse the Motion Lab Site from your mobile phone and the ability to access certain Motion Lab features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).

We do not charge any extra fees for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Your use of the third-party service(s) may be subject to additional terms related to that service from the applicable service provider.

Furthermore, when you download or use our Apps on an iOS or Android device, you may be subject to the terms of service of the developers of such devices or app stores (“App Store Provider”). You acknowledge that these Terms and your use of an App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the App are for use only on appropriate products and Services (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing.

Some of our Services may also allow you to integrate your Motion Lab Account and/or the App with a third-party program or device, such as your Apple Watch or Apple Health. Your use of such services may be subject to additional terms related to that service or device from their providers. Additionally, you may be able to share certain data with such third-party providers. For an understanding of how we handle your personal data in such instances, please see our Privacy Policy.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS THE RESPONSIBILITY OF MOTION LAB OR OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to:

  • product liability claims;
  • any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation;
  • claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

    9. TERMINATION & SURVIVAL

    We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or Apps, by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms. If we terminate your account or membership because you have breached the Terms, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

    10. THIRD PARTY SITES

    Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

    We may maintain a presence on and link to social media websites, including sites such as Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our Products and Services. When you visit these Social Media Pages, you are no longer on our Sites, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

    YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

    11. ASSIGNMENT

    You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.

    12. FEES

    You acknowledge that Motion Lab charges fees for its services, and subject to the applicable law, Motion Lab reserves the right to change its fees from time to time at its discretion.

    13. NON-HARASSMENT POLICY

    Motion Lab disapproves of any unwelcome, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcome, inappropriate, and/or offensive conduct by any Motion Lab personnel, at a Motion Lab studio, or in any other Motion Lab-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcome and offensive (if you are comfortable doing so). We also ask that you promptly notify us at info@iamotionlab.com.

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

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

    14. INTELLECTUAL PROPERTY RIGHTS

    The content provided through our Services, whether on the Site and Apps, or at our studios or elsewhere, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Motion Lab, subject to copyright and other intellectual property rights under the law. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available through our Services is strictly prohibited. You agree not to make any use of the Content that would infringe on any copyright therein.

    The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use. This Content may be owned by Motion Lab or by third parties. You shall not allow any third party to have access to or to use any Content. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.

    You represent, warrant and agree that you are using the Service for your own personal, non-commercial entertainment use, and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service. Furthermore, Motion Lab and/or the owners of the Content may, from time to time, remove Content from the Service without notice.

    15. LEGAL DISPUTES AND ARBITRATION AGREEMENT

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

    ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

    Initial Dispute Resolution: We are available by email at info@iamotionlab.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and Motion Lab agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

    Agreement to Binding Arbitration: If you and Motion Lab do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”), excluding any rules or procedures governing or permitting class actions in the AAA Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Motion Lab shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. You or Motion Lab may also contact each other through the selected arbitrator for the exchange of necessary information prior to arbitration. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and Motion Lab and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Motion Lab shall be subject to the Federal Arbitration Act.

    The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website (www.adr.org). If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Motion Lab will pay the additional cost. If Motion Lab is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Motion Lab will arrange to pay all necessary fees directly to AAA. Motion Lab will also be responsible for paying all other reasonable arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by Motion Lab if you do not prevail in arbitration. In the case of face-to-face proceedings, a location which is reasonably convenient to both you and us, with due consideration of ability to travel and other pertinent circumstances, shall be agreed upon. If such a location is unable to be agreed upon, it shall be chosen by the arbitrator or shall occur digitally.

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

    Class Action and Class Arbitration Waiver: YOU AND MOTION LAB EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE (“CLASS”) ACTION, AND YOU AND MOTION LAB EACH EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety, and you and Motion Lab shall be deemed to have not agreed to arbitrate disputes.

    Exception – Small Claims Court Claims: Notwithstanding your and Motion Lab’s agreement to resolve all disputes through arbitration, either you or Motion Lab may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    30 Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@iamotionlab.com and providing the following information: (i) your name, (ii) the email address associated with your Motion Lab account; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Motion Lab through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Motion Lab also will not be bound by them.

    Exclusive Venue for Litigation and Governing Law: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the U.S. state of Iowa, exclusive of conflict or choice of law rules. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Motion Lab expressly agree that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the U.S. state of Iowa. In the event of litigation, you and Motion Lab agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

    16. INDEMNIFICATION

    You agree to release, indemnify, and defend Motion Lab and any suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

    17. LIMITATION OF LIABILITY

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MOTION LAB TO YOU.

    Notwithstanding and not prejudicing all limitations of liability or releases contained elsewhere in these Terms:

    • WE ARE PROVIDING THE SERVICES, INCLUDING THE SITES, THE APPS, AND ALL SOFTWARE, CONTENT, AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, MOTION LAB AND ALL OWNERS OF CONTENT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
    • MOTION LAB AND ANY OWNERS OF CONTENT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP.
    • DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP IS DONE AT YOUR OWN RISK, AND NEITHER MOTION LAB NOR ANY CONTENT OWNERS GUARANTEE THAT SUCH CONTENT OR DOWNLOADS WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
    • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
    • THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT. IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
    • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTION LAB AND ITS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTION LAB AND ITS ENTITIES AND ANY OWNERS OF CONTENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES.
    • NEITHER MOTION LAB AND ITS ENTITIES, NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. WITHOUT LIMITING THE FOREGOING, MOTION LAB AND ITS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
    • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

    18. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

    The Terms, together with any other applicable legal agreements agreed between us, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.

    No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

    If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

    19. NOTIFICATIONS

    We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Motion Lab is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

    20. UPDATES TO THESE TERMS

    We may revise or otherwise change or update these Terms or our Sites from time to time, as may be required to ensure we can fulfill our obligations to you as set out under these Terms, or as otherwise may be required by any regulatory body or applicable law. We will use reasonable efforts to notify you of any such substantial or material changes.

    Please see the “Last Updated” and “Effective Date” dates at the start of these Terms, to see when these Terms were last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted.

    We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.