These Terms of Use (“Terms”) are a contract between you and BEND MOVEMENT LIMITED (“BEND” or “we”) and govern your access to and use of any BEND website, mobile application (such as for iPhone or Android) or content (the “Site”) or any fitness, recreational, wellness, or other activities, experiences, activities, classes, events, services, recordings, and/or products made available through BEND (collectively, “Activities”). Please read these Terms carefully before accessing and using the Activities.

The most current version of these Terms can be accessed at any time at https://www.bend-movement.com/legal. Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and/or using the Site and/or Activities.

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1. Terms

a) Acceptance of Terms. By accessing and/or using the Site and/or Activities, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Activities.

b) Amendment of Terms. BEND may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Activities after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The BEND Privacy Policy can be accessed at https://www.bend-movement.com/legal

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2. BEND Platform

a) BEND Platform. The BEND platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Activities offered and operated by sport clubs, fitness studios, gyms, trainers, venues or other third parties (collectively, “Clubs”). BEND itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Activities that are offered at or through such facilities.

b) Membership Options. There are a number of ways to participate in BEND, such as various membership plans, promotional plans, and non-membership purchases. These options consist of different activities, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time at our discretion. From time to time we may permit non-subscribers to access certain activities, services, content or features for a cost or at no cost. BEND makes no commitment on the quantity, availability, type or frequency at which such activities, services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

c) Membership Plans. To enjoy full access to the Site and Activities, you need to sign up for a membership. A membership starts on the date that you sign up for a membership and submit payment via a valid Payment Method (defined below). Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Membership Cycle”). Your BEND membership automatically renews each month, and we will automatically bill the monthly membership fee to your Payment Method each month, until your membership is cancelled or terminated. For example, if you purchase your BEND membership on April 5, your membership will automatically renew on May 5 (as further explained in “Membership Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a membership or if you upgrade or downgrade to a different membership, all such membership will be governed by these Terms and will continue indefinitely until cancelled or terminated.

d) Use of Credits. Depending on the membership plan you choose and purchase, you will be allotted credits to be used solely to book Activities each Membership Cycle. You can choose how you use your credits across the various Activities available to you. Credits expire one month after the end of each Membership Cycle, meaning that any credits you don’t use during the applicable Membership Cycle plus one month will not roll over into future months, unless we expressly communicate otherwise. If your membership is cancelled or terminated your unused credits will expire at the end of the Membership Cycle. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us at hello@bend-movement.com and we can help you. Credits have no cash value or any other value outside of the BEND platform and are not redeemable for cash. For avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange BEND credits.

e) Activity Availability and Allocation. The exact number and type of Activities you take during any Membership Cycle will depend on the number of credits needed to book the particular Activities you select. The number of credits needed to book a particular Activity will vary and is determined based on a variety of factors, including but not limited to Club requirements, time of day, equipment, facilities, location, pricing, popularity and other characteristics. For example, an Activity that uses equipment is likely to require more credits to book than an activity without the use of any equipment. BEND does not guarantee the availability of particular Clubs, locations, Activities, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, credits, allocation and availability of Clubs, activities, and other inventory offered, are determined by BEND in its sole discretion.

f) Digital Activities. BEND may allow you to access a variety of audio or video digital Activities from your computer or mobile device, via live stream and/or on demand. To access these digital Activities, you need to comply with certain technical and hardware requirements.

g) Non-Membership Purchases. BEND may permit you to purchase certain products or Activities through the Site, in addition to your subscription or without having a membership. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

h) Use of BEND. Access to our Activities requires you to sign up and use the BEND platform, either through our website or mobile application. Your BEND account is personal to you and you agree not to create more than one account. You cannot transfer or gift Activities or credits to third parties or allow third parties to use your BEND account, including other BEND users. You must not use or exploit the Site and/or Activities for commercial purposes. To use your BEND membership you must have access to the Internet. We continually update and test various aspects of the BEND platform. We reserve the right to, and by using our Site and/or Activities you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that BEND may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to BEND at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. You may be required to download a BEND mobile application to use some or all of BEND features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Activities.

i) Eligibility Criteria. The availability of all or part of our Site and/or Activities may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to BEND or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site and/or Activities and/or to purchase a BEND membership. You further understand that the Site and/or Activities may not be available in every geography. ACCESS TO OUR SITE IS NOT PERMITTED FROM OTHER JURISDICTIONS. THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE UK. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY BEND. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A USER IN THE UNITED KINGDOM, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

j) Clubs providing Activities through BEND are independent contractors responsible for their own insurance and are not employees of BEND.

k) Subscribing Organisations. If you are using or opening an account on behalf of a company, entity, or organisation (a “Member Organisation”), then you represent and warrant that you are an authorised representative of that Member Organization with the authority to bind such organisation to these Terms; and agree to be bound by these Terms on behalf of such Member Organization.

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3. Inclusion and Code of Conduct

BEND is run by and for members of the LGBTQ+ community. We do not require participants to disclose details about their gender or sexual orientation. However, we ask all participants to be mindful of the specific inclusion criteria of each group before joining.

We reserve the right to suspend or revoke membership if a participant repeatedly breaches our code of conduct, which requires all members to respect our inclusion policy and to use appropriate language and behaviour regarding gender, sexuality, and identity.

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4. Fees, Billing, Cancellation.

a) Recurring Billing. By initiating your BEND membership, you authorise us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the membership or access the Site and/or Activities, you will be responsible for membership fees until you cancel your subscription, or it is otherwise terminated.

b) Membership Cycle. When you sign up and purchase your BEND membership, your first Membership Cycle will be billed immediately. Unless we expressly communicate otherwise, your membership will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the last day of that month. For example, if you signed up on March 31st, your next auto-renew date will be April 30th, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.

c) Refunds. Our fees (including the monthly fee for your membership and any other fees) are nonrefundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid period in the following circumstances: (i) if you are cancelling as set forth in Section 3i below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any activity or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law (such activity fee charges not to exceed the cost of the subscription itself). WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS OR ACTIVITIES.

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated via email or other means as we may deem appropriate such as Website or mobile app. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

e) Payment Methods. You may edit your Payment Method information by logging onto our mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

f) Cancellation. Unless otherwise communicated, and in addition to your right to cancel within 14 days of the initial purchase (as outlined below), you may terminate your subscription at any time before its renewal by navigating to Memberships in the Profile settings of the BEND mobile app. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Membership Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to BEND in future months or to restrict your access in future months.

g) Other Fees. A minimum of 4 hours' cancellation notice is required for a full refund of class fees in credits. If you cancel less than 4 hours before the class start time, the full class fee will be charged. You are responsible for paying applicable fees if you do not cancel an Activity you had reserved with appropriate notice or do not attend your scheduled Activity. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time. You will be notified of such changes via email or other means as we may deem appropriate such as Website or mobile app.

h) Reservation and Cancellation of Activities. Clubs reserve the right to cancel a class with late notice (up to 2 hours before the class start time). In such cases, you will be refunded in full with credits. Class packs expire according to the terms listed at the time of purchase.

i) RIGHT TO CANCEL WITHIN 14 DAY OF INITIAL PURCHASE. You have the right to cancel your membership contract within 14 days of your initial sign-up without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by contacting us at hello@bend-movement.com of your decision to cancel this contract by a clear statement. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract within the 14-day cancellation period, we will reimburse you all payments received from you minus any credits used. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

j) Fees Charged by Clubs. In addition to fees we charge, Clubs may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Clubs might charge extra to rent a yoga mat or cycling shoes. Further, BEND only gives you access to the activities for which you signed up on the Site (and at the specified time and location). The Club may have additional fees for use of additional activities or spaces.

k) Third Party Fees for Using BEND. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Activities, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site and/or Activities

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5. Termination or Modification by BEND

You agree that BEND, in its sole discretion and for any reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the Site, your membership and/or Activities (or any part thereof including but not limited to your access to any or all Clubs, credits or activities or services) you may have with BEND or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site including of your subscription. BEND may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. BEND shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for activities or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Activities and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that BEND will not be liable to you or any third party for any such termination, You acknowledge that your only right with respect to any modification or discontinuation of service made by us is to cancel or terminate your subscription. If BEND deletes your account for these reasons, you may not re-register for or use the Site and/or Activities under any other user name, email, payment method or profile. BEND may block your access to the Site to prevent re-registration.

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6. Privacy

Your privacy is important for BEND. The BEND Privacy Policy can be accessed at https://www.bend-movement.com/legal for your reference. Please read the privacy policy carefully for information relating to BEND’s collection, use, and disclosure of your personal information. We will never require you to disclose your gender identity or sexual orientation.

We collect and store your personal information, including emergency contact details, which we may use in case of an emergency during our classes. We will not share your information with any third party but may use it for our own marketing purposes. If you wish to opt-out of marketing communications, please contact us at hello@bend-movement.com

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7. Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

• Violation of our Inclusion and Code of Conduct policies as outlined in Section 3 is considered prohibited conduct.

• Harass, threaten, stalk, disrupt or defraud users, members or staff of BEND or Clubs or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;

• Share BEND passwords with any third party or encourage any other user to do so;

• Permit anyone to use any activities booked under your own membership, including other members;

• Reserve or cancel any activity directly with a Club, rather than through the Site,

• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;

• Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;

• Upload material (e.g. virus) that is damaging to computer systems or data of BEND or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;

• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

• Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;

• Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;

• Link to, mirror or frame any portion of the Site;

• Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;

• Attempt to gain unauthorised access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

• Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

• Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site;

• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;

• Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

• BEND reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

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8. User Submissions

a) General. The Site provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended activities or any other information submitted by you and other users or arising from your use of the Site (“User Submissions”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. BEND does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.

b) Right to Remove or Edit User Submissions. BEND makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. BEND may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that BEND determines in its sole discretion to violate the standards of this Site. BEND takes no responsibility and assumes no liability for any User Submissions.

c) Licence Grant by You to BEND. By accessing and/or using our services, you hereby grant BEND and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “BEND Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and BEND’s (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as “moral rights” in your User Submissions, for example the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.

d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise BEND to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by BEND and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, BEND’s or any BEND Licensee’s use of such User Submissions pursuant to these Terms, and BEND’s or any of BEND Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation, or these Terms ; or (d) exploits minors or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that BEND does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER BEND HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.

f) Feedback. If you provide BEND with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), BEND shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant BEND a perpetual, irrevocable, nonexclusive licence under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BEND may have at law or in equity.

h) Advertising. You give us permission to use and display your User Submissions next to or in connection with ads, offers, without any compensation or advance notice.

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9. Ownership; Proprietary Rights

The BEND website and mobile applications are owned and operated by BEND. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by BEND (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Site are the copyrighted property of BEND and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trademarks, service marks, and trade names used by us on the Site are proprietary to BEND or its affiliates and/or third-party licensors. Except as expressly authorised by BEND, you agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.

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10. Third-Party Sites, Products and Services; Links

The Site may include links to other websites or services (“Linked Sites”) solely as a convenience to users. BEND does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, BEND makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT BEND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE SITE.

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11. DISCLAIMERS

ACTIVITIES AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT BEND. YOU AGREE THAT YOUR USE OF THE SITE AND ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF ANY ACTIVITIES IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR ACTIVITIES.

IN NO EVENT SHALL BEND BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN AN ACTIVITY, OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. BEND PROVIDES ACCESS TO CLUBS' ACTIVITIES. BEND IS NOT OTHERWISE CONNECTED TO, NOR IS AN AGENT OF ANY THIRD PARTY WITH WHICH A USER HAS MADE A RESERVATION. WITHOUT LIMITING ANYTHING HEREIN, BEND DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY ACTIVITIES, ACTIVITIES, OR OTHER SERVICES OFFERED BY CLUBS VIA THE SITE.

UNLESS OTHERWISE EXPRESSLY STATED BY BEND, ALL ASPECTS OF OR CONTENT OR FEATURES MADE AVAILABLE THROUGH THE SITE AND/OR ACTIVITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEND, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNLESS OTHERWISE EXPRESSLY STATED BY BEND, BEND, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND /OR ANY ACTIVITY IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY ACTIVITY OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY ACTIVITY, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

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12. Waiver

BEND IS NOT LIABLE FOR ANY LOSS, THEFT, OR DAMAGE TO YOUR PERSONAL PROPERTY WHILE YOU ARE ATTENDING OUR CLASSES OR PARTICIPATING IN OUR ACTIVITIES.

YOU UNDERSTAND THAT BEND IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE ACTIVITIES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE CLUB AND NOT BY BEND. BEND IS NOT RESPONSIBLE FOR THE QUALITY OF ANY ACTIVITY PROVIDED BY A CLUB OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE ACTIVITY OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR ACTIVITIES ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE ACTIVITIES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING BEND (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN ACTIVITY), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING BEND (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN ACTIVITY) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE ACTIVITIES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR AN ACTIVITY IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELLING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR AN ACTIVITY AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR AN ACTIVITY. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH BEND IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND BEND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR AN ACTIVITY WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, BEND, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY ACTIVITY) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

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13. Limitation of Liability and Damages

NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY CLUB WHERE YOU MAY REDEEM ELIGIBLE ACTIVITIES. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS' ADVICE BUREAU OR TRADING STANDARDS OFFICE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BEND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH BEND, EVEN IF BEND OR A BEND AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEND’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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14. Venue Waivers and Terms

Members taking Activities are deemed to agree to the liability waivers and terms of individual Clubs. Your participation in any Activity may be subject to additional policies, rules or conditions of the applicable Club and you understand and agree that you may not be permitted to reserve or attend activities or services if you do not comply with these Terms or the policies of the Clubs or as otherwise determined by a Club. If you have questions about a Club's waiver or other terms, please see the applicable Club's website or contact the Club directly.

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15. Dispute Resolution

Generally, if a dispute arises between BEND and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BEND agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

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16. Miscellaneous

a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BEND must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.

b) Assignment. We may assign our rights and obligations under these Terms. The Terms will insure to the benefit of our successors, assigns and licensees.

c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and BEND relating to the subject matter herein.

f) Disclosures. The services hereunder are offered by BEND MOVEMENT LIMITED, a limited liability company incorporated and registered in England and Wales with company number 15029681, whose registered office is located at: 105 Thornsbeach Road, SE6 1EY, London, United Kingdom.

g) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

h) Notices. Notices will be sent to you at the email address that you provided to BEND during the registration process. Notices may be sent to us on the email address hello@bend-movement.com. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such a case, notice will be deemed given three days after the date of posting.