These Terms of Use (“Terms”) form a legally binding agreement between you and Penn Rosie, LLC (“Birdies Barre and Fitness Studio,” “Birdies”, “we,” “us,” or “our”). These Terms apply to your use of our website (www.birdiesfitness.com) and any content, information, products, or services provided on or through it (the “Services”). By using the Site or Services, you agree to these Terms. Please read them carefully.

ARBITRATION NOTICE: SECTION 24 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 24 (DISPUTE RESOLUTION) CAREFULLY.

1. ACCEPTANCE OF TERMS

By using the Site or Services, or by clicking to accept these Terms, you agree to be bound by them. Some parts of the Site or certain Services may require you to accept additional terms—such as membership policies, studio agreements, or waivers (“Additional Terms”). Any Additional Terms you accept become part of these Terms.

If you do not agree to these Terms, do not use the Site or the Services.

2. AGE REQUIREMENTS

You must be at least the legal age of majority in Pennsylvania to use our website and services. By using them, you confirm that you’re old enough and legally allowed to enter these Terms. Some services may require an older minimum age. We do not knowingly collect personal information from anyone under the age of majority. 

3. CHANGES TO THESE TERMS

We may update these Terms at any time. If we make a material change, we’ll notify you by email or by posting an update on the site. By continuing to use the site or our services after changes are posted, you agree to the updated Terms. 

4. PRIVACY POLICY

Your personal information is handled according to our Privacy Policy, which is part of these Terms. You must agree to the Privacy Policy to use our site or services. 

5. ACCESSIBILITY 

We aim to make our site and services accessible to everyone. If you experience any accessibility issues or have feedback, please contact us at hello@birdiesfitness.com.

6.MOBILE SERVICES

Some services may be accessible on your mobile device. Your carrier’s charges may apply. By using mobile features, you agree we may send you texts or other messages. If you opt in to receive marketing texts, message frequency may vary and standard rates may apply. Consent is not required to purchase services, and you can opt out at any time.

7. ACCOUNT INFORMATION

If you create an account, keep your login information private. You’re responsible for all activity under your account. Notify us right away if you suspect unauthorized access. We may disable accounts that violate these Terms.

8. MEMBERSHIPS

Our site may offer recurring memberships. When you purchase a membership, you agree to automatic billing each billing cycle until you cancel. You may cancel recurring memberships with 30 days notice ahead of the next billing cycle. Fees already paid are non-refundable. You’ll retain access until the end of your current billing period. Prices and terms may change, and we’ll notify you of any changes before they take effect.

9. RESERVATIONS AND PURCHASES

When you buy classes, memberships, or retail items through the Site, you agree to provide accurate payment information. All sales are subject to our pricing, availability, and studio policies. We may limit or cancel orders at our discretion.  Classes and sessions may have expiration dates, cancellation windows, or fees, which will be stated at checkout or in your studio’s policies. 

Coupons/Discount Codes

Use is limited to one (1) time per coupon and/or discount code per customer and subject to the terms and conditions of the applicable coupon and/or discount code. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Coupons and discount codes are not valid on previous purchases or when combined with other promotional offers.

Late Fees / Cancellations / No-shows

Registration for class serves as agreement to accept any fees or used credits for missed classes / late cancellations as outlined at time of purchase and registration.

10. INTELLECTUAL PROPERTY

All content on the Site—including text, images, logos, videos, and software—is owned by us or our licensors and is protected by law. You may use the Site and Services only for personal, non-commercial purposes. You may not copy, distribute, modify, or use our content without written permission. 

11. USER CONTENT

If you upload, post, or submit any content (such as reviews, comments, photos, or messages), you grant us a non-exclusive, royalty-free license to use, display, and share that content as needed to operate and improve our services. Do not post anything unlawful, offensive, harmful, or that violates someone else’s rights. We may remove any content at our discretion. 

12. PROHIBITED USES

You agree not to:

• Break any laws or violate these Terms

• Attempt to disrupt, hack, or damage the Site

• Use the Site for commercial purposes without permission

• Upload viruses or harmful code

• Impersonate others or misuse personal information

• Interfere with any user’s experience

We may suspend or end your access if you violate these rules. 

13. THIRD PARTY SITES AND SERVICES

The Site may link to or connect with third-party websites, apps, or services. We don’t control them and are not responsible for their content, policies, or actions. Your use of third-party services is at your own risk and subject to their terms.

14. DISCLAIMER OF WARRANTIES

We aim to keep the Site and Services available and accurate, but we make no guarantees. The Site and Services are provided “as is” and “as available” without warranties of any kind. You use them at your own risk.

15. LIMITATION AND LIABILITY

To the fullest extent allowed by law, we are not responsible for any damages that result from your use of the Site or Services—this includes lost profits, data loss, or other indirect or consequential damages.

16. INDEMNIFICATION

You agree to reimburse and protect us from any claims or losses that arise from:

• Your use of the Site or Services

• Your violation of these Terms

• Your violation of someone else’s rights

17. TERMINATION

We may suspend or terminate your access to the Site or Services at any time if you violate these Terms or if required by law.  You may stop using the Site at any time. Parts of these Terms (like liability limits and ownership rights) will still apply after termination.

18. FORCE MAJEURE

We are not responsible for delays or failures caused by events outside our reasonable control. These may include natural disasters, fires, floods, power outages, government actions, public emergencies, labor disputes, major technology failures, or similar events.

19. ELECTRONIC COMMUNICATIONS

By using our Site or Services, you agree to receive communications from us electronically, including emails, texts, and notices posted on the Site. These electronic communications satisfy any legal requirement that they be in writing. We may contact you using the information you provide.

20. GOVERNING LAW

These Terms and your use of the Site and Services are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. 

21. DISPUTE RESOLUTION

Time to Bring Claims

Any claim related to the Site or Services must be filed within one (1) year of when the claim arises.

Arbitration

Except for claims involving our intellectual property rights, any dispute between you and us will be resolved through binding arbitration instead of in court. Arbitration will take place in Pennsylvania and be conducted by the American Arbitration Association (AAA) under its applicable rules.

Before starting arbitration, the party bringing the claim must send a written Notice describing the issue and requested resolution. If the dispute is not resolved within 30 days of receiving the Notice, either party may begin arbitration.

Each party will pay its own legal fees and arbitration costs. 

Final Decision

The arbitrator’s decision is final and may be enforced in any court with proper authority. All arbitration proceedings will remain confidential unless required by law.

No Class Actions

All disputes must be handled individually. You agree not to participate in any class action, class arbitration, or representative action against us.

22. Miscellaneous

Section titles are for convenience only. Our failure to enforce any part of these Terms is not a waiver of our rights. We may assign our rights and obligations under these Terms at any time. You may not assign your rights without our written permission.

If any part of these Terms is found unenforceable, the rest will still apply. These Terms, along with our Privacy Policy and any incorporated documents, are the complete agreement between you and us.

23. QUESTIONS

If you have any questions or comments regarding these Terms, our Privacy Policy, the Site or the Services, please feel free to contact us by email at hello@birdiesfitness.com.