RELEASE OF LIABILITY AND TERMS OF SERVICE (SUBJECT TO CHANGE)

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”, “TERMS OF SERVICE”) CAREFULLY BEFORE USING LETSGETCARVED.COM (“THE SITE”) OPERATED BY CARVE WG LLC (“US”, “WE”, OR “OUR”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AT LETSGETCARVED.COM

BY ACCESSING OR USING THE SITE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT OR OTHER MATERIALS TO THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. CAPITALIZED TERMS ARE DEFINED IN THIS AGREEMENT. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF CARVE SERVICES. YOU ARE ONLY AUTHORIZED TO USE THE CARVE SERVICES (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND TO THESE TERMS OF SERVICE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE CARVE WEBSITE AND DISCONTINUE USE OF CARVE SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER, YOU MUST READ THESE TERMS OF SERVICE AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

LIABILITY

BY ACKNOWLEDGING THIS DOCUMENT YOU WILL HAVE WAIVED CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

NOTICE: THIS IS A LEGALLY BINDING DOCUMENT.

IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN CLASSES AND ACTIVITIES OPERATED BY CARVE WG LLC, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, INSTRUCTORS, INDEPENDENT CONTRACTORS, COACH TRAINEES, OPERATORS, AND AGENTS (“CARVE”), I HEREBY UNDERSTAND, AGREE, AND ACKNOWLEDGE ON BEHALF OF MYSELF, MY HEIRS, AND ASSIGNS THE FOLLOWING:

1. I WILL BE ATTENDING CLASSES, ACTIVITIES AND OTHER PROGRAMS UTILIZING FACILITIES AND EQUIPMENT AND PERFORMING EXERCISE AT CARVE FROM WHICH THERE ARE INHERENT RISKS AND DANGERS, WHICH CAN INCLUDE, BUT ARE NOT BE LIMITED TO, PHYSICAL INJURY TO MY LEGS, KNEES, BACK, SHOULDERS, NECK, HEAD, INJURY OR STRAIN TO THE CARDIOVASCULAR, CIRCULATORY AND/OR RESPIRATORY SYSTEMS AND INJURIES TO OTHER PARTS OF THE BODY. 
2. I AGREE TO ASSUME ALL RISKS RELATED TO OR INHERENT IN SUCH PARTICIPATION, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, SERIOUS PHYSICAL INJURY AND DEATH. 
3. I HAVE NO KNOWN MEDICAL OR PHYSICAL CONDITION (INCLUDING PREGNANCY), MENTAL OR EMOTIONAL DISABILITY INCLUDING BUT NOT LIMITED TO CARDIAC IRREGULARITY, EPISODES OF DIZZINESS, ASTHMA OR OTHER BREATHING DIFFICULTIES, DIABETES, NEUROLOGICAL DISORDERS, SPINAL JOINT TENDON OR LIGAMENT INJURIES, HIGH/LOW BLOOD PRESSURE OR ANY OTHER DISABILITY THAT WOULD PUT ME IN ANY PHYSICAL OR MEDICAL DANGER OR PREVENT OR LIMIT ME FROM ATTENDING AND/OR USING ANY CARVE CLASSES. THE USE OF DRUGS, MEDICATION OR ALCOHOL PRIOR TO OR DURING THE CLASS MAY LEAD TO DIZZINESS OR UNCONSCIOUSNESS. CLIENTS USING ANY MEDICATIONS MUST CONSULT A PHYSICIAN OR PHARMACIST PRIOR TO THE CLASS.
   
4. HAVE NOT BEEN ADVISED BY A PHYSICIAN TO LIMIT MY PHYSICAL ACTIVITIES AND I AM NOT UNDER THE INFLUENCE OF ANY MEDICATION OR SUBSTANCE THAT WOULD PREVENT SUCH PARTICIPATION. 
5. IT IS THE RECOMMENDATION OF CARVE THAT I CONSULT WITH A PHYSICIAN BEFORE PARTICIPATING IN CLASSES AND THAT MY PARTICIPATION IN SUCH CLASSES IS PURELY VOLUNTARY AND OCCURS AT MY OWN RISK
6. ANY INSTRUCTIONS AND ADVICE OF INSTRUCTORS IS NOT TO BE CONSTRUED BY ME TO BE MEDICAL ADVICE. 
7. IF IN THE OPINION OF CARVE MY ACCESS OR PARTICIPATION MAY ENDANGER MY HEALTH, CARVE MAY DENY ME ACCESS AND THE RIGHT TO PARTICIPATE UNTIL I FURNISH A LETTER FROM MY PHYSICIAN STATING THAT IN THE OPINION OF SUCH PHYSICIAN I AM MEDICALLY AND PHYSICALLY ABLE TO PARTICIPATE IN CARVE CLASSES. 
8. CARVE IS NOT IN ANY WAY RESPONSIBLE FOR THE SAFE KEEPING OF MY PERSONAL BELONGINGS WHILE I ATTEND A CLASS AND THAT ANY STORAGE CAPABILITY THAT IS PROVIDED FOR MY USE BY CARVE IS STRICTLY AS A COURTESY FOR MY OWN BENEFIT AND AT MY OWN RISK. 
9. IN CONSIDERATION OF MY RIGHT TO PAY FOR AND PARTICIPATE IN CLASSES I EXECUTE THIS RELEASE AND AGREE ON BEHALF OF MYSELF, HEIRS AND ASSIGNS TO WAIVE, RELEASE, HOLD HARMLESS AND INDEMNIFY CARVE, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, EQUIPMENT MANUFACTURERS, LICENSORS, OFFICERS, MANAGERS, MEMBERS, FRANCHISEES, AND AGENTS FROM ANY AND ALL INJURIES, CLAIMS, DAMAGES AND CAUSES OF ACTION,, INCLUDING BUT NOT LIMITED TO COVID-19 AND OTHER INFECTIOUS DISEASES, (“CLAIM”) THAT MAY ARISE FROM MY PARTICIPATION REGARDLESS OF HOW SUCH CLAIM MAY HAVE COME ABOUT. 
10. I CONSENT AND AGREE THAT CARVE MAY TAKE PHOTOGRAPHS OR VIDEOS OF ME IN OR USING THE CARVE FACILITIES AND EQUIPMENT. I AGREE THAT SUCH PHOTOGRAPHS OR VIDEOS AND COPIES THEREOF MAY BE USED BY CARVE IN ADVERTISING, SOCIAL MEDIA.  I HEREBY ASSIGN ALL COPYRIGHTS OR OTHER RIGHTS IN SUCH PHOTOGRAPHS OR VIDEOS AND COPIES THEREOF TO CARVE. 
11. I HAVE READ AND UNDERSTAND THE FOREGOING AND I HAVE HAD THE OPPORTUNITY TO HAVE THIS DOCUMENT REVIEWED BY AN ATTORNEY OF MY CHOICE. 
12. THE RULES AND REGULATIONS OF CARVE MAY CHANGE FROM TIME TO TIME AND MY CONTINUED PARTICIPATION IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO SUCH RULES AND REGULATIONS AS THEY MAY CHANGE FROM TIME TO TIME.
13. THIS AGREEMENT AND RELEASE SHALL REMAIN IN FULL FORCE AND EFFECT FOR SO LONG AS I PARTICIPATE IN ACTIVITIES AND CLASSES AT CARVE.
14. THE VENUE FOR ANY DISPUTE ARISING FROM THIS AGREEMENT SHALL BE IN THE STATE OF FLORIDA IN THE COUNTY OF ORANGE.
15. IN THE EVENT ANY PORTION OF THIS AGREEMENT IS DEEMED TO BE NOT ENFORCEABLE, THEN IT SHALL NOT IMPAIR THE REMAINDER OF THE AGREEMENT.

COVID-19 & OTHER COMMUNICABLE DISEASES AND VIRUSES.

1. CARVE WG LLC IS FOLLOWING ALL REGULATIONS AND GUIDELINES AS ORDERED BY STATE AND LOCAL GOVERNMENTS, THE CDC, & DORA. CARVE CANNOT GUARANTEE FULL PROTECTION FROM COVID-19 TRANSMISSION. AS A CLIENT (“I”), I AM VOLUNTARILY ELECTING TO TAKE CARVE CLASSES AND I ACKNOWLEDGE AND CONSENT TO SOME RISK FOR CONTRACTING COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUS. I AGREE TO HOLD HARMLESS CARVE WG LLC  ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, INSTRUCTORS, INDEPENDENT INSTRUCTORS, FRANCHISEES, AND AGENTS (“CARVE”), AND ALL OTHER THIRD PARTIES, OTHER THAN MYSELF, FOR MY DECISION TO TAKE A CLASS AT CARVE WG LLC FACILITIES.
2. I UNDERSTAND THAT POSSIBLE EXPOSURE TO COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUS BEFORE/DURING/AFTER MY FITNESS CLASS MAY RESULT IN THE FOLLOWING:
3. A POSITIVE COVID-19 DIAGNOSIS
4. EXTENDED QUARANTINE/SELF-ISOLATION
5. ADDITIONAL TESTS
6. HOSPITALIZATION THAT MAY REQUIRE MEDICAL THERAPY, INTENSIVE CARE TREATMENT, POSSIBLE NEED FOR INTUBATION/VENTILATOR SUPPORT, SHORT-TERM OR LONG-TERM INTUBATION, OTHER POTENTIAL COMPLICATIONS, AND THE RISK OF DEATH.
7. ADDITIONALLY, I UNDERSTAND THAT COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUS MAY CAUSE ADDITIONAL RISKS, WHICH MAY NOT CURRENTLY BE KNOWN AT THIS TIME, IN ADDITION TO THE RISKS DESCRIBED HEREIN
8. I AFFIRM THAT MYSELF, NOR ANYONE IN MY HOUSEHOLD, HAS BEEN DIAGNOSED WITH COVID-19 IN THE PAST 5 DAYS; MYSELF, NOR ANYONE IN MY HOUSEHOLD, HAS EXPERIENCED ANY COVID-19 SYMPTOMS IN THE PAST 5 DAYS; I HAVE NOT BEEN OUT OF THE COUNTRY IN THE LAST 14 DAYS OR BEEN IN DIRECT CONTACT WITH ANYONE WHO HAS; AND I HAVE NOT BEEN IN CONTACT WITH ANYONE WITH CONFIRMED OR PRESUMPTIVE POSITIVE COVID-19 IN THE PAST 5 DAYS. I WILL AFFIRM THE ABOVE STATEMENTS PRIOR TO CLASS EACH AND EVERY TIME I TAKE CLASS.
   
   I AGREE TO FOREVER RELEASE AND DISCHARGE CARVE AND ANY OF THEIR RELATED COMPANIES AND THEIR OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, TRAINERS, CONTRACTORS, AGENTS, REPRESENTATIVES , INSURERS, SUCCESSORS AND ASSIGNS (CUMULATIVELY “RELEASEES”) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION (KNOWN OR UNKNOWN) ARISING OUT OF THE NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF ANY RELEASEES. BY EXECUTION OF THIS AGREEMENT, I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST ANY RELEASEE MAY INCUR DUE OR RELATED TO MY PRESENCE AT ANY CARVE FACILITY AND HOSTED EVENTS, AS PERMITTED BY THE LAWS OF THE STATE OF FLORIDA AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. I UNDERSTAND THAT CARVE HAS SECURITY VIDEO CAMERAS INSTALLED AT ITS FACILITIES WHICH RECORDS AUDIO AND VIDEO. BY BEING ON ANY CARVE PREMISES OR ATTENDING OR PARTICIPATING IN ANY LAGREE RED ACTIVITY, WHETHER ON OR OFF THE PREMISES, I CONSENT TO BEING AUDIO AND/OR VIDEO RECORDED. THIS PROVISION SHALL SURVIVE TERMINATION OF THE AGREEMENT.
9. WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT NOTICE: THIS IS A LEGALLY BINDING DOCUMENT.

RESERVATION POLICIES:

• PLEASE BE ON TIME - CLIENTS ARE EXPECTED TO ARRIVE PRIOR TO THE START OF CLASS AND WILL NOT BE ALLOWED ENTRY MORE THAN 5 MINUTES LATE, AT WHICH POINT YOUR SPOT MAY BE GIVEN TO ANOTHER CLIENT. 
• NEW CLIENTS - MUST ARRIVE 10-15 MINUTES EARLY TO COMPLETE MANDATORY SAFETY OVERVIEW.
• GRIP SOCKS – GRIP SOCKS ARE REQUIRED FOR EVERY CLASS. CLIENTS WHO DO NOT BRING SOCKS WILL BE REQUIRED TO PURCHASE A PAIR OR BE REMOVED FROM CLASS.
  

CANCELLATION WINDOWS AND PENALTY FEES - VARY BASED ON MEMBERSHIP: 

• FULL-PRICE UNLIMITED MEMBERS MUST CANCEL CLASS 8 HOURS IN ADVANCE. LATE CANCELLATIONS WILL INCUR A $15 FEE, NO SHOWS WILL INCUR A $22 FEE. SUBJECT TO CHANGE WITHOUT NOTICE. PRICING SUBJECT TO CHANGE WITHOU NOTICE.   
• LIMITED MONTHLY MEMBERS MUST CANCEL CLASS 8 HOURS IN ADVANCE. LATE CANCELLATIONS AND NO SHOWS WILL INCUR A LOSS OF CREDIT. 
• CREDIT PACKAGE RESERVATIONS MUST BE CANCELED 8 HOURS IN ADVANCE. LATE CANCELS AND NO-SHOWS WILL RESULT IN LOSS OF CREDIT AND ADDITIONAL PENALTY FEES VARY BASED ON CREDIT TYPE.  

WAITLIST RESERVATIONS - CLIENTS MAY BE ADDED FROM THE WAITLIST UP TO 2 HOUR PRIOR TO THE START OF CLASS. YOU CAN REMOVE YOURSELF FROM THE WAITLIST AT ANY TIME BUT ONCE YOU ARE ADDED TO CLASS, ALL CANCELLATION AND PENALTY FEE POLICIES APPLY.

MULTIPLE RESERVATIONS - CLIENTS ARE RESPONSIBLE FOR CANCELING EXCESS RESERVATIONS WITHIN THEIR CANCELLATION WINDOW. CARVE WILL NOT HONOR ANY COURTESY CANCELLATIONS OR REFUNDS FOR MULTIPLE RESERVATIONS MADE ON THE SAME DAY. 

PRIVATE SESSIONS - MUST BE CANCELED 24 HOURS IN ADVANCE. LATE CANCELLATIONS WITHIN THE 24-HOUR WINDOW WILL INCUR A $50 FEE. NO-SHOWS WILL BE CHARGED IN FULL. 

MEMBERSHIP POLICIES

CANCELLATION –  ALL AUTOPAY MEMBERSHIPS REQUIRE 30 DAYS’ WRITTEN CANCELLATION NOTICE VIA EMAIL TO HOME STUDIO PRIOR TO YOUR NEXT BILLING DATE. 

REFUNDS – REFUNDS WILL NOT BE GIVEN FOR ANY PAYMENTS MADE PRIOR TO THE WRITTEN REQUEST TO CANCEL MEMBERSHIP.

MEMBERSHIP FREEZES –  AUTOPAY MEMBERS ARE ALLOWED ONE MEMBERSHIP FREEZE PER CALENDAR YEAR FOR UP TO 3 MONTHS (MINIMUM 30 DAYS). MEMBERSHIP FREEZES REQUIRE A WRITTEN REQUEST VIA EMAIL TO HOME STUDIO WITH A START AND END DATE. MEMBERSHIPS AUTOMATICALLY REACTIVATE ON YOUR REQUESTED END DATE AND REFUNDS WILL NOT BE GIVEN FOR PAYMENTS MADE ONCE THE MEMBERSHIP FREEZE HAS ENDED.

CLASS PACKAGES + MEMBERSHIPS – NOT ELIGIBLE FOR TRANSFER, EXCHANGE, PRICE ADJUSTMENT, OR REFUNDS. CLIENTS WITH EXISTING MEMBERSHIPS ARE NOT ELIGIBLE FOR NEW CLIENT SALES OR PROMOTIONS.

RETAIL REFUND POLICY

RETAIL RETURN / EXCHANGE POLICY –  ALL UNWORN RETAIL PURCHASES WITH ORIGINAL TAGS ATTACHED MAY BE EXCHANGED OR RETURNED FOR STORE CREDIT WITHIN 14 DAYS OF PURCHASE. 

ADDITIONAL STUDIO POLICIES

CHILDREN IN STUDIO – CHILDREN UNDER THE AGE OF 16 ARE NOT ALLOWED IN THE STUDIO AT ANY TIME. 

PAYMENT – CARVE DOES NOT ACCEPT CASH OR PERSONAL CHECKS 

COACHES – COACHES ARE SUBJECT TO CHANGES WITHOUT NOTICE AND ALL RESERVATION POLICIES APPLY. 

PERSONAL BELONGINGS - YOU AGREE THAT CARVE IS 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.

FREE CLASSES - IF YOU ARE COMING IN FOR A FREE CLASS, PLEASE NOTE THAT THE CANCELLATION POLICY AND NO SHOW FEES STILL APPLY. IF YOU DO NOT SHOW UP FOR CLASS, YOU WILL BE CHARGED THE FULL PRICE OF A SINGLE CLASS.

MOBILE SERVICES

THE CARVE SERVICES MAY INCLUDE CERTAIN SERVICES THAT MAY BE AVAILABLE VIA YOUR MOBILE PHONE, INCLUDING BUT NOT LIMITED TO

1. THE ABILITY TO BOOK AND/OR PURCHASE CLASSES OR PRODUCTS VIA YOUR MOBILE PHONE,
2. THE ABILITY TO RECEIVE AND REPLY TO CARVE MESSAGES,
3. THE ABILITY TO BROWSE CARVE FROM YOUR MOBILE PHONE AND
4. THE ABILITY TO ACCESS CERTAIN CARVE FEATURES THROUGH A MOBILE APPLICATION YOU HAVE DOWNLOADED AND INSTALLED ON YOUR MOBILE PHONE (COLLECTIVELY THE “MOBILE SERVICES”). WE DO NOT CHARGE FOR THESE MOBILE SERVICES. HOWEVER, YOUR CARRIER’S NORMAL MESSAGING, DATA AND OTHER RATES AND FEES WILL STILL APPLY. 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. BY USING THE MOBILE SERVICES, YOU AGREE THAT WE MAY COMMUNICATE WITH YOU REGARDING CARVE AND OTHER ENTITIES BY SMS, MMS, TEXT MESSAGE OR OTHER ELECTRONIC MEANS TO YOUR MOBILE DEVICE AND THAT CERTAIN INFORMATION ABOUT YOUR USAGE OF THE MOBILE SERVICES MAY BE COMMUNICATED TO US.

TERMINATION FROM WEBSITE

WE MAY TERMINATE YOUR ACCESS TO THE SITE, WITHOUT CAUSE OR NOTICE, WHICH MAY RESULT IN THE FORFEITURE AND DESTRUCTION OF ALL INFORMATION ASSOCIATED WITH YOU. ALL PROVISIONS OF THIS AGREEMENT THAT BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY, AND LIMITATIONS OF LIABILITY.

THIRD PARTY SITES

OUR SITE MAY CONTAIN LINKS TO THIRD-PARTY SITES THAT ARE NOT OWNED OR CONTROLLED BY CARVE WG LLC.

CARVE WG LLC HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF ANY THIRD-PARTY SITE THAT YOU VISIT.

GOVERNING LAW

THIS AGREEMENT (AND ANY FURTHER RULES, POLICIES, OR GUIDELINES INCORPORATED BY REFERENCE) SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FLORIDA, USA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.

CHANGES TO THIS AGREEMENT

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS OF SERVICE BY POSTING THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF SERVICE.

CHANGES TO THIS AGREEMENT

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS OF SERVICE BY POSTING THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF SERVICE.

WE ENCOURAGE YOU TO REVIEW THIS AGREEMENT PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO ANY OF THIS AGREEMENT OR ANY CHANGES TO THIS AGREEMENT, DO NOT USE, ACCESS OR CONTINUE TO ACCESS THE SITE OR DISCONTINUE ANY USE OF THE SITE IMMEDIATELY.

ELIGIBILITY

MEMBERSHIP IS VOID WHERE PROHIBITED. THIS WEBSITE IS INTENDED SOLELY FOR USERS WHO ARE 16 YEARS OF AGE OR OLDER. ANY REGISTRATION BY, USE OF OR ACCESS TO THE WEBSITE BY ANYONE UNDER 16 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THESE TERMS OF USE. BY USING CARVE SERVICES OR THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 16 OR OLDER AND THAT YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. MINORS BETWEEN THE AGES OF 16 AND 18 MAY REGISTER ON OUR WEBSITE ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN. A 16 OR 17 YEAR OLD MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN TO ATTEND CLASS.

FEES

YOU ACKNOWLEDGE THAT CARVE CHARGES FEES FOR ITS SERVICES, AND CARVE RESERVES THE RIGHT TO CHANGE ITS FEES FROM TIME TO TIME AT ITS DISCRETION. IF CARVE TERMINATES YOUR MEMBERSHIP BECAUSE YOU HAVE BREACHED THESE TERMS OF SERVICE, YOU MAY NOT BE ENTITLED TO A REFUND OF ANY UNUSED PORTION OF MEMBERSHIP OR OTHER FEES.

PASSWORD

WHEN YOU SIGN UP FOR SERVICES, YOU WILL ALSO BE ASKED TO CHOOSE A PASSWORD. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD. YOU AGREE NOT TO USE THE ACCOUNT, USERNAME, OR PASSWORD OF ANOTHER MEMBER AT ANY TIME OR TO DISCLOSE YOUR PASSWORD TO ANY THIRD PARTY. YOU AGREE TO NOTIFY CARVE IMMEDIATELY IF YOU SUSPECT ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCESS TO YOUR PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USE OF YOUR ACCOUNT.

INTELLECTUAL PROPERTY

THE TRADEMARKS AND TRADE DRESS OF CARVE ARE PROPRIETARY TO CARVE AND MAY NOT BE USED BY YOU FOR ANY REASONS OTHER THAN AS EXPRESSLY PERMITTED. ALL MOVES, CONTENT, DESIGN, TEXT, GRAPHICS, AND INTERFACES; THE COLLECTION, SELECTION, AND ARRANGEMENT THEREOF; ARE PROPERTY OF, OR DULY LICENSED TO, CARVE. ANY OTHER USE OF MATERIALS INCLUDING MODIFICATION, DISTRIBUTION, OR

REPRODUCTION FOR PURPOSES OTHER THAN THOSE NOTED ABOVE, WITHOUT THE PRIOR WRITTEN PERMISSION OF CARVE, IS STRICTLY PROHIBITED.

YOU ACKNOWLEDGE THAT CARVE AND/OR THIRD PARTY CONTENT PROVIDERS REMAIN THE OWNERS OF ALL CONTENT AND MATERIALS, AND THAT YOU DO NOT ACQUIRE ANY OF THOSE OWNERSHIP RIGHTS BY DOWNLOADING, COPYING, OR USING ANY SUCH MATERIAL IN ACCORDANCE WITH THESE TERMS. CARVE MAY DISCONTINUE YOUR RIGHT TO ACCESS TO THE CONTENT AND MATERIALS, OR ANY PORTION THEREOF, AT ANY TIME.

ALL CLIENTS MUST AGREE TO ALL TERMS AND CONDITIONS TO TAKE ANY CARVE CLASS.