TERMS & CONDITIONS

LIABILITY & PARTICIPATION WAIVER

BY SIGNING THIS WAIVER AND RELEASE, YOU WAIVE IMPORTANT LEGAL RIGHTS YOU MAY HAVE AND YOU CERTIFY THAT: (1) YOU UNDERSTAND THE TERMS OF THIS RELEASE; (2) YOU HAVE CAREFULLY READ THIS RELEASE, INCLUDING, WITHOUT, LIMITATION, ITS PROVISIONS RELATED TO ASSUMPTION OF RISKS, RELEASE OF CLAIMS, LIMITATION OF LIABILITY, AND INDEMNITY; AND (3) YOU FREELY ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS WAIVER AND RELEASE.

I, the undersigned, am aware that there are significant risks involved in all aspects of physical training with The Collective Studios, LLC (“TCS”) whether in a live, in-person or digital/virtual environment; a class, event, activity, workshop or other program (collectively, the “Training”); and whether using the premises and/or facilities of TCS rented, owned, and/or operated by TCS (the “Studio). I acknowledge on behalf of myself, my heirs, my personal representatives and/or assigns, there are inherent risks associated with the Training and Studio and that I assume all such risks.

I understand and am aware that strength, flexibility, and aerobic exercise, including the use of exercise equipment, breathwork, meditation, and other wellness modalities, while largely beneficial for my physical and mental wellbeing, are also potentially hazardous activities, more so in an online or remote training environment. I will, at all times, use all reasonable efforts to ensure my own physical safety. I shall comply with all stated and posted safety rules, as well as verbal instructions given to me by an TCS instructor, regardless of if the instructor is physically present or if I am receiving instruction online via virtual training or live streaming.

I also understand that fitness activities involve the risk of injury, and that I am voluntarily participating in these Trainings, and using equipment, knowing the dangers involved. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself.I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any and all injury or death that may result or are aggravated by my participation in any Training with TCS.

I also understand that equipment used in Training can be dangerous if used improperly. I agree that TCS is not responsible for any injury I sustain due to defects or damages in equipment used while under the operation of TCS, whether or not owned and/or maintained by TCS, or defect, damages, or lack of maintenance in my individually owned equipment, or equipment used not while under in-person direction from TCS.

I understand that prior to my involvement in any exercise program I should obtain an examination by a physician and a movement screening by a physical therapist. If I have chosen not to obtain a physician’s permission and/or movement screening prior to beginning this exercise program with The Collective Studios, I hereby agree that I am doing so at my own risk and that I am physically fit enough to participate in a Training with TCS. I represent that I have no injuries, conditions, impairments, disease, infirmities, or other illness that would prevent my participation, or use of equipment in a Training, except as noted by TCS; in this instance my Training will be modified accordingly. I will notify TCS immediately of any change in my medical condition, including pregnancy. I acknowledge and agree that if I am pre/post-natal, I increase the risk to myself and, if applicable, my unborn child. In participating in a Training, I assume all associated risks to myself, and if applicable, my unborn child.

I agree that if, during a Training or immediately after, I experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under direct or physically present supervision of a trainer or instructor, I will immediately stop exercising. I agree that TCS and its partners, manager, officers, directors, employees, agents, contractors, sub-contractors, representatives, successors, assigns and volunteers, cannot be expected to control all possible risks but may need to respond to accidents and potential emergency situations. I give my consent for any medical treatment that may be required during my attendance with the understanding that the cost of any such treatment will be my responsibility. I either have appropriate insurance or in its absence agree to pay all costs of rescue or medical services. I am aware that there are classes at the Studio that may or will use flashing and strobing; it is advised that clients with a photosensitivity disorder or those who are prone to seizures consult their doctor prior to participating in a Training. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of TCS.

In consideration of participating in a Training at the Studio with TCS, I, on behalf of myself, my heirs, my personal representatives and/or assigns, release, indemnify, discharge, and hereby hold harmless TCS, its partners, direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, employees, representatives and agents, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, losses (including reasonable attorney’s fees), and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Training, use of the Studio (including ingress and egress to the Studio space, whether public or private property), or training with TCS in any way.

TERMS AND CONDITIONS

Effective Date: November 14, 2023

These Terms and Conditions apply to You, the user, with respect to your use of The Collective Studios, LLC (“TCS”, “Us” or “We” interchangeably) website (the “Website”), the TCS mobile application (the “App”), and the purchase of Goods and Services (as defined below) from TCS studios. You should read these Terms and Conditions carefully before using this Website, the App, or purchasing any Goods or Services from Us. If you do not agree to these Conditions, you must not use this Website or our App.

ACCEPTANCE OF TERMS:
The Website, App, and the Goods and Services displayed on the Website are provided to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. These Terms and Conditions govern your use of the TCS Website, App, Goods and Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by TCS.

Your use of the Website and Services constitutes your agreement to all such terms, conditions, and notices. TCS reserves the right to change the terms, conditions, and notices under which the Website and App are offered, including but not limited to the charges associated with the use of the Services.

TCS has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately; You may see the most recent changes and version of this agreement as noted by the date at the top. You agree to review these changes from time to time, and agree that any subsequent use by you of the WebSite and Services following the changes shall constitute your acceptance of such change

DEFINITIONS:
When the following words with capital letters are used in these Terms and Conditions, this is what they mean: “Account” – created in third-party platform MarianaTek to manage purchasing and booking or classes, credit card storage, and user personal information. “Class(es)” – any exercise class provided by Us or on our behalf, at TCS’s Studios as part of the Services;

“Conditions” – the terms and conditions as set out in this document;

“Contract” - any contract where services are paid on a monthly basis;

“Credit” – credits purchased via our Website or App and used to make bookings for Classes;

“Goods” – any Goods offered for sale at any of our Studios;

“Services” – services available to you via this Website, including the Classes, the App;

“Studios” – any of our studios, as published on our Website from time to time;

“Facilities” – any area, part, or room within our Studios, not limited to the bike studio room; and

“Website” – The web domain http://www.thecollective-studios.com, as well as related domains, sub-domains, and mobile and desktop.

I - CONTRACT DISCLOSURE

NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.

STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTH'S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.

II - MONTHLY MEMBERSHIP CONTRACT TERMS:

“Memberships' ' are offered on a month-to-month basis, providing You with a varied number of classes per month, benefits and discounts. Specific benefits of Your Membership are detailed in the sales receipt upon purchase and subject to change. All Memberships with TCS are billed on a recurring basis, via this auto-debit contract, and require You to: 1) keep valid, up-to-date credit card on file in your Account, and 2) authorize TCS to auto-bill You monthly.

Your Membership must be activated within 30-days from the date of purchase. All Memberships are subject to an initial three (3) month minimum term following activation – or three billing cycles – before they are eligible for cancellation. Notwithstanding New Hampshire membership cancellation laws outlined herein, You have three (3) days from the date of signup to cancel this Agreement and your monthly Membership commitment; however, any Membership fees paid by You prior to the cancellation will not be refunded.

If You have a Membership and wish to purchase additional classes, You are eligible to do so at a discounted rate. If You do not use all your available class credits each month, they DO NOT roll over month over month and will ‘expire’ at the end of each month.

MEMBERSHIP BILLING:
At the beginning of your monthly billing cycle, You will automatically be charged for one month’s worth of services and your Membership will automatically renew for the month. When purchasing a new Membership, your first payment will occur at the time of purchase, but your Membership will not activate until your first class booking occurs. Subsequent charges will then incur monthly on the date you activated your membership. As all Memberships must be activated within 30-days of purchase, your Membership will automatically activate after 30-days if You do not take your first class within 30-days of purchase.

CONTRACT FREEZE:
If your Membership is in good standing and You are current in your monthly dues, You are permitted one (1) complimentary Membership freeze per year, with the freeze lasting up no less than one month, and no more than three months. Membership freezes for four months or longer will incur a monthly freeze fee equating to the cost of a single drop-in class, billed on the same day your freeze request is made.

Membership freeze requests must be made via email or in-person at the Studio, at least 10-days prior to the next billing cycle. The freeze request should state both the freeze date and the intended reactivation date. Cancellations of frozen Memberships will also follow the same policy as contract cancellation requests and must provide at least 10-days notice. If You do not provide sufficient notice, freeze and cancellation requests cannot be guaranteed a timely stop on billing. You will be billed the prorated amount for the remaining days left in the month during any freeze and billing will resume automatically upon end of freeze.

AUTO-DEBIT FOR RECURRING MEMBERSHIPS/PURCHASES:
By enrolling in an auto-debit contract, You authorize TCS to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your auto-debit plan associated with your Account, on the billing due date. You understand and acknowledge that (1) TCS will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the Terms and Conditions, sales page, and/or in connection with cancellation fees per the cancellation policy. TCS may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the TCS booking system allows for booking through the billing date of your contract; (3) if You are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that You will be removed from any sessions past the subsequent billing date and notified via electronic mail; (4) if You are removed from a session due to the circumstances as described, it may not be possible to place You back into the session for which You were originally booked and that You will not be given any priority; (5) it is your responsibility to keep a current card on file with accurate billing information, including expiration date. TCS cannot be held responsible for errors in processing due to expired or inaccurate information.

MEMBERSHIP CONTRACT CANCELLATION:
Cancellation requests of your Membership must be received at least 10-days prior to your next billing date by: (1) notifying US in person at the Studio; (2) via email to hello@thecollective-studios.com; (3) by mail sent to 4 Orchard View Drive #7, Londonderry, NH 03052; or (4) on our website, or within the App. If mailing a request to cancel, written notification is deemed given if mailed or delivered by the 10th day prior to your monthly billing date. Additionally, if mailing a request to cancel, We prefer receiving certified or registered mail. Once your cancellation request is received, your Membership will deactivate on the first day of your new billing cycle and You will not be charged.

Early contract cancellation requests will incur a penalty fee of 50% of the remaining dues on the contract. In the abundance of clarity – if a Membership is canceled 2-months into the requisite 3-month initial period, You are responsible for 50% of the third month’s fees. Early contract cancellation penalty fees will be waived if You are relocating to an area outside of a 20-mile radius from buyer's location.

YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.

BUYER’S RIGHTS
Pursuant to section 358-I:6 of the New Hampshire Health Club Statute, your buyer rights are as follows:

I. Every seller of a prepaid health club services contract shall:

(a) Refund to the buyer the pro-rata cost of any unused services, within 15-days after request therefor, if:

1. The buyer (You) is unable to receive benefits from the seller's services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
   
2. The seller (TCS) relocates his facility more than 8-miles from its present location, or the services provided by the seller are materially impaired.

(b) Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefore, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.

(c) Refund to the buyer the pro-rata cost of any unused services within 15-days after the club ceases operation.

II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.

III - PAYMENT AND BOOKING SUMMARY

PAYMENT SUMMARY:
All classes and “Packages” are billed in-full at the time of purchase. Purchases are non-refundable and non-transferable.

You may elect to keep a credit card on file in your Account. By placing a card on file, the cardholder and account holder gives permission to the TCS staff to automatically charge the card for any cancellation fees (if applicable) accrued in accordance with the TCS cancellation policy detailed herein.

You may purchase multiple classes at once at a discounted rate via a “Package.” There are no extensions, refunds, or freezes for purchases or expired sessions. You are responsible for noting Package expiration date; TCS will not send reminders or follow-up. Price details for Package and Credits, as defined below, are available on our Website or App and shall be priced as determined by us. You should be aware that future prices are subject to change.

PACKAGE PURCHASES:
By purchasing a Package with TCS You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by TCS ownership in writing; (2) Specially priced, expiring Packages may not be extended, transferred, refunded, shared, or frozen, including First Time Client Deals; (3) TCS will not adjust or extend special Packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring Package is the date on which the sessions in the Package may no longer be used; and (4) You are purchasing Packages with the express understanding of these terms and agree to be bound by such.

FIRST TIME CLIENT DEAL:
TCS offers various deals for new clients only (“First Time Client Deal”). The First Time Client Deal is not available to clients with existing accounts or those who have previously attended TCS. All First Time Client Deals state the date of expiration at the time of purchase, with no extension or exception.

CREDITS, CLASS BOOKING:
To book a Class, your Account must include at least one “Credit”; one Credit entitles You to attend one Class. Credits are obtained by purchasing a Package or Membership via the Website or App. Subject to any statutory right of cancellation, payments for Credits (including event credits) are non-refundable unless otherwise stated in these Conditions.

You are solely responsible for the booking and cancellation of your classes. You can check availability and book classes in advance online via our Website or App. When You book a Class, one Credit will be deducted from your account. We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and We do not guarantee that spaces will be available in any given Class, even if You have sufficient Credits in your account.

Instructor and Class formats are subject to change, due to necessity and at TCS discretion. In such event that the format changes within the 12-hour cancellation window (see below) You will receive a message notifying You of the change.

CANCELLATION POLICY:
You may cancel a booking up to 12-hours before the scheduled start time of the Class, with no penalty and receive a refund of your Credit. If you cancel a booking within 12-hours of the scheduled start time of the Class (including places allocated via the waitlist), your Credit or intro Credit will not be forfeited.

Cancellations of Class reservations may be done (1) online in your Account, (2) via the confirmation email sent at the time of booking, or (3) calling the studio directly. Cancellations via Facebook messenger, Instagram, or other social media are not valid, and You will be charged if the booked class is not properly canceled outside the 12-hour window.

Clients with Memberships or the Intro Membership will incur a $20 late cancellation fee or no-show fee.

All clients are granted one complimentary/penalty-free late-cancel or no-show per quarter. To take advantage of this benefit, You are responsible for emailing Us within 10-days of your late-cancel or no-show at hello@thecollective-studios.com.

In the event of an emergency, TCS reserves the right to cancel any Class anytime. In this rare instance, You will not be charged for the changed Class/You will be reimbursed your Credit, and your Class will be promptly rescheduled.

WAITLIST:
If the Class You wish to attend is fully booked, You may choose an alternative Class with remaining spaces. Alternatively, You may join a waitlist for the fully booked Class. When You join the waitlist, one Credit will be deducted from your account. If You join the waitlist and a space becomes available, You will be automatically added to the Class. You will be notified by email if you are automatically added to a Class. Note that the system automatically pulls attendees from the waitlist up to 4-hours prior to the start of Class.

If You join a waitlist but no longer wish to attend the Class, You should cancel the booking via our Website as soon as possible. If You are added to a Class from the Waitlist, You may only cancel up to 12-hours before the Class and receive a refund of your Credit. You will not be refunded if You cancel within 12-hours of the Class, per the above Late Cancel Policy. You will not be refunded if You are added into Class off the waitlist between the 12-hour and 4-hour mark before classes; plan accordingly.

If You join the waitlist and a place in the fully booked Class does not become available by the start of Class, the Credit that was debited from your account to join the waitlist will be refunded. If we cancel a class, your Credit will be refunded.

IV - STUDIO POLICIES

USERS OF OUR CLASSES:
You must be 13-years old or older to attend any of our Classes or to use any of our facilities at the Studios. ALL minor participants must have parent or legal guardian permission to attend a Class or any activity at TCS; such permission includes but is not limited to a Liability Waiver signed by the parent/guardian, and agreement to these Terms and Conditions by the parent/guardian. TCS does not accept the online registration of minors under the age of 18 without the known consent of their legal guardian; please do not attempt to register on the Website if You are under the age of 13. If TCS discovers that personal information has been submitted by a minor without the known consent of their legal guardian, TCS reserves the right to delete such information. To provide legal consent, please email us at hello@thecollective-studios.com.

CLASS RULES AND ACCESS:
You agree to comply with our Class rules which You can see online or displayed in all of our Studio locations. The Access Rules relate to our opening hours, use of our facilities, and your conduct. Instructors and Classes are subject to change.

That said, TCS is committed to the health, safety, and welfare of each of its clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Clients who do not observe TCS’s rules and regulations, or who abuse equipment in any fashion will be asked to leave immediately. The offending client shall pay for any damages to TCS property which results from the willful or negligent conduct of said client, their guest, their dependent child, or their pet.

We further reserve the right to refuse You access to the Studios and suspend or terminate your use of the Services if We reasonably consider that your conduct is damaging to our reputation, is in breach of these Terms and Conditions, or would otherwise be in the interests of other users of the Studios or participants in our Classes

TCS reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by TCS.

MEGAREFORMER™ SAFETY COMPLIANCE:
By attending any MEGAFORMER™ Class, You agree to wear pilates or barre grip socks at all times during class.

LIMITATION OF LIABILITY:
You understand and agree that to participate in any session, class, workshop, or activity at TCS that You must agree to the terms of the Liability Waiver prior to your participation. If You are a minor participant, a parent or legal guardian must agree to the terms on your behalf.

LATE ARRIVALS:
You are expected to arrive at your Class on-time, with the necessary equipment, and ready to begin your workout. We have a 0-minute late policy such that once the instructor closes the door to begin class, no one is allowed in. Accordingly, if You arrive late to class, You will not be admitted and You will lose the class credit or a penalty will be applied based on your payment method.

In the event that You are so late that You are not allowed into Class, in the sole discretion of the TCS instructor, Your tardiness will be considered a “no-show” and the Credit will be forfeited from your Account or a penalty will be applied based on your payment method.

V – TCS POLICIES:

GOODS AND GIFT CARDS:
If you change your mind about any Goods purchased from Us, You may return them to any of our Studios within 7-days from the date of purchase, with your receipt. We will give You a full refund provided that the Goods are unused, unopened, tags intact (if applicable), and are not damaged.

Gift certificates and class pack gift cards may be refunded to the original purchaser and method of payment if 1) the entire value of the gift certificate or gift card is unused; and 2) the refund request was made within 3-days from the date of purchase. Gift cards and gift certificates are not reloadable, and any unused amount remaining on a gift card that is less than the entire value will not be refunded except where required by law. We are not responsible for any lost or stolen gift cards or use without your permission. Keep them close; they’re valuable and can be redeemed by whoever finds them. This does not affect your statutory rights as a consumer.

PHOTOGRAPHY, VIDEO & SOCIAL MEDIA RELEASE:
You hereby authorize, without limitation, TCS, its employees, partners, contractors, representatives, and agents to use photographs, video, and other media of You, including your image, likeness, and sound of your voice, recorded within the Studio, or during the normal course of business of TCS.

TCS’s right includes the recording and posting of exercise classes performed at the Studio, and irrevocably grant and convey to TCS all rights, titles and interests in any and all media and derivatives thereof. This grant includes but is not limited to the right to copyright, use, alter, and publish such media, and as such, You expressly waive the right to any royalties, proceeds or other benefits relating to the publication and use of your image, likeness, voice, recording or in any way derived from the media. You agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions or derivatives thereof, and all negatives, recording tape, and digital files are and shall remain the property of TCS. Media may be published, used, distributed, and otherwise on the TCS website, its application, its video on-demand platform, in social channels (including, but not limited to, Instagram, Facebook, TikTok and SnapChat) as part of any publication, distribution, or any other lawful use.

You acknowledge and understand that any media may be accessed through the internet from anywhere around the world. You hereby waive any right that You may have to inspect or approve the media, any materials that may be used in connection with the media, or the use to which it may be applied. You hereby release, acquit, and forever discharge TCS its agents, officers, representatives, and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said media and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

EMAIL COMMUNICATIONS:
You understand that You may, from time to time, receive email communications from TCS related to Classes, the Studio, related activities and events, promotion materials, and your participation in all of the above. By entering into these Terms and Conditions, You give TCS permission to email You, at the email address on file, regarding the same.

Further, when You visit the Website, use the App, or communicate with TCS via email, You are communicating electronically. You consent to receive communications from TCS electronically. TCS will communicate with You by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that TCS provides electronically satisfy any legal requirement that such communications be in writing.

GOVERNING LAW:
To the maximum extent permitted by law, this agreement is governed by the Laws of the State of New Hampshire, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Rockingham County, New Hampshire, United States. All claims and disputes arising under or relating to these Terms and Conditions and/or your participation in an activity with TCS are to be settled by arbitration in the State of New Hampshire, County of Rockingham, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of New Hampshire, in the County of Rockingham.

If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and TCS with respect to the Website, App, and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and TCS. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

USE OF OUR WEBSITE:
Use of Our site includes accessing, browsing or registering to use our Website. By using the Website You are confirming that You accept these Terms and Conditions and that You agree to comply with them. We may update this Website from time to time and may change the content at any time. Any of the content on Our Website may be out of date at any given time and We are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to You if for any reason our Website is unavailable at any time or for any period.

By accessing this Website, You agree that You will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Terms and Conditions. You must not modify the copies of any materials on this Website in any way and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions of use your right to use this Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. You may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent. This Website should only be accessed using a computer linked to a secure network environment. We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If You are aware of any error on this Website please contact us by email at hello@thecollective-studios.com and We will endeavor to correct it.

It is Our policy to virus check documents and files before they are posted on this Website. However, We cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, You must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Websites linked to this Website and (b) any interruptions in your access to the Website.

You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately and You will indemnify Us for any breach, which means that You will be responsible for any loss or damage We suffer as a result of You not complying with this clause.

If You decide to access any third party Websites linked to this Website, You do this entirely at your own risk and We will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that We endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third party sites.