Terms & Conditions

Part 1

Release of Liability, Waiver of Claims and Assumption of Risks

In consideration of BIOM permitting you to participate in activities including breathwork, yoga, meditation, personal training, and use of BIOM Health Club’s saunas, ice baths, lounge, or other amenities, you agree to all terms and conditions set forth in this agreement.

Assumption of Risks

I am aware and understand that participating in the activities at BIOM Health Club may involve risks, dangers, and hazards, including but not limited to the risk of serious injury, death, or property damage.

I acknowledge that I am voluntarily participating in these activities. I freely accept and fully assume all such risks, dangers, and hazards and the possibility of injury, death, or property damage, whether caused by the negligence of BIOM or otherwise.

Waiver and Release of Claims

I hereby expressly waive and release any and all claims which I have or may in the future have against BIOM Health Club, any entities owned in whole or in part by BIOM, and each of their affiliates and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns.

Covenant Not to Sue

I covenant not to make or bring any such claim against BIOM or any other releasee, and forever release and discharge BIOM and all other releasees from liability under such claims.

Limitation of Liability

In the event that a court of competent jurisdiction determines that the release of claims is not valid, I agree that in no event shall the releasees’ aggregate liability arising out of or related to the activities exceed the greater of the total amount paid by me to BIOM in the 6 months preceding the event giving rise to the claim, or $500.

Entire Agreement, Severability and Governing Law

Entire Agreement

This agreement constitutes the entire agreement between BIOM and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability

If any term or provision of this agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement.

Governing Law

For all customers, this agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Acknowledgment

I acknowledge that I have read and understood all of the terms of this agreement and that I am voluntarily waiving substantial legal rights, including the right to sue BIOM and the releasees.

Part 2

Additional Terms

Eligibility

You must be 18 years of age or older to use any of BIOM’s programs and services. By agreeing to this agreement during the sign-up process, you represent and certify that you are legally able to enter into purchase agreements with BIOM.

Community Guidelines

By joining and participating in BIOM’s community, you agree to follow our privacy, respect, and safety guidelines.

• Do not publish your personal information in a public community.
• Do not take screenshots from BIOM’s community and post them without explicit consent.
• Do not share private conversations between users that were expected to remain private.
• Threatening language, harassment, violence, racism, bullying, intimidation, or malicious speech will not be tolerated.
• Discrimination based on race, sex, ethnic origin, religion, disability, veteran status, marital status, nationality, sexual orientation, or other protected characteristics will not be tolerated.

Additional Health Disclaimer

I have read the notice regarding photosensitive seizures and understand that the program may include video projections and stimulating visuals. I agree to fully assume all such risks and accept personal responsibility for damages following any such injury.

I agree to conduct myself in a safe and reasonable manner. I agree that I will not participate in the program while under the influence of drugs or alcohol and will not consume drugs or alcohol while participating in the program.

Notice Regarding Photosensitive Seizures

A very small percentage of people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. Immediately stop participating in the program and consult a doctor if you experience any seizure-related symptoms.

Account

In order to use the service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current.

You are solely responsible for all activities that occur through your account. Users are responsible for keeping their login credentials confidential and safe.

Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to be@thebiom.com.

User-Generated Content

Users of BIOM activities may post, upload, publish, submit or transmit content and materials, including but not limited to photos, videos, feedback, comments, and suggestions.

By making available any user content on or through BIOM activities, you grant BIOM a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, display, perform, transmit, stream, broadcast, and otherwise exploit such user content.

Membership Subscription Fees

BIOM offers membership subscription-based access to its in-person and virtual online experiences. BIOM reserves the right to cancel, interrupt, or reschedule any content, class, or online course.

Memberships are billed on a periodic basis as specified at the time of purchase. Your membership subscription will continue on a recurring basis unless and until you cancel your subscription or the service is otherwise suspended or discontinued.

BIOM is a non-refundable subscription service. We do not refund any unused time.

Subscriptions Handled via Apple ID and Google Play

Users may subscribe to a product using the Apple ID associated with their Apple App Store account or through Google Play. Subscriptions are automatically renewed unless cancelled according to the relevant app store’s terms.

Purchases via App Store and Google Play

Purchases made via third-party online stores are subject to those third parties’ terms and conditions, which shall prevail in the case of any inconsistency or conflict.

Offers, Discounts, Coupons and Offer Codes

BIOM may offer discounts, promo codes, or special offers. Any such offer or discount shall be subject to eligibility criteria and granted at our sole discretion.

Unless otherwise stated, coupons must be used in the manner and within the timeframe specified. Coupons cannot be applied cumulatively and may expire automatically after the stated period.

Modification and Discontinuation of Content

We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the service or any portion thereof with or without notice.

Proprietary Rights

Materials on the service, including names, logos, trademarks, images, text, graphics, videos, photographs, artwork, software, and other elements, are protected by copyrights, trademarks, and other intellectual property rights owned or controlled by BIOM or third parties.

No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, distributed, or otherwise used without the company’s prior express written permission.

Consent to Electronic Communications

By using the service, you consent to receiving electronic communications from us. These communications may include notices about your account and information related to the service.

Updates to Our Terms of Service

We may occasionally update these Terms of Service. When we do, we will revise the “Last Updated” date at the end of this document. Your continued use of our service after such changes will be subject to the then-current terms.