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Terms of Service

This terms of service agreement (“this agreement" or "these terms”) is a legal agreement between you, on the one hand, and ARC ( WRP Wellness CW Ltd) (15627058)and its subsidiaries and affiliates (collectively, “ARC,” “the company”, “us,” or “we”), on the other hand, regarding your use of services (any classes, events or activities hosted, sponsored, or affiliated with ARC (together, the "program") whether at or via an ARC in-person location, www.arc-community.com ARC: breathing app, ARC: booking app, instructors ("guides") employed or otherwise retained by ARC, and/or any applicable downloadable software program that you are accessing or installing on your device or personal computer, including the classes, events and/or activities available through that software program (together, the “service” and the ARC: breathing app, the ARC: booking app, and any other apps included in the service, together, the "apps").

By clicking “I agree”, “I accept”, or equivalent language, you agree to be bound in all respects by this agreement.

Part 1: assumption of risks and liability

Please read the following very carefully:

If you (I or “me”) participate in activities including (but not limited to) breathwork, yoga, meditation, personal training, and use of ARC’s saunas, ice baths, lounge and changing facilities(collectively, the “activities”),
you agree to all the terms and conditions set forth in this agreement (this “agreement”).

‍Assumption of risks

1. I am aware and understand that the activities may involve many known and unknown 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 the activities. I understand that such risks, dangers and hazards cannot be eliminated without jeopardising the essential qualities of the activities.

2. Excluding where Arc is at fault, for example where we are negligent, I accept responsibility for the risks, dangers and hazards involved and the possibility of injury, death or property damage when participating in the activities.

3. I understand that I should consult a doctor in advance of performing or participating in any of the activities and that I must advise ARC of any health concerns in advance of starting the activities.

4. I understand that Arc is not qualified to express an opinion confirming if I am fit to undertake the activities and I understand that I must ensure that I am fit to take part.

5. I understand that I must not take part in any of the activities if I have any pre-existing medical conditions which may make me vulnerable or increase the risks when participating in the activities including but not limited to: high blood pressure, various cardiovascular diseases, pregnancy, multiple sclerosis, severe respiratory conditions, epilepsy, or severe cognitive impairments.

6. I understand I must not take part in the activities if I am under the influence of drugs or alcohol.

Our liability

7. When we will be liable to you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors acting on our behalf; for fraud; or for any legal rights and remedies available to you under UK consumer law.

We will only be liable to you for foreseeable loss and damage that we cause. If we fail to comply with the terms of this agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

8. When we will not be liable you

We shall not be liable for any failure or delay in performing our obligations under this agreement which arises as a result of:

  • a failure or delay by you in performing any of your obligations under this agreement (including any failure to make any of the service available at all or at the stated time);
  • anything you do or don’t do which is against the law or causes us harm;
    you failing to follow any reasonable instruction of request made by us in relation to the activities;
  • an event that is beyond our reasonable control. Such events may include the non-available of:of guides, instructors, premises, internet connection and other facilities or services made available by third parties on whom we depend;
  • our complying with your instructions or requests.

We are not liable for business losses. The services and activities are only supplied to you on the basis that you are a consumer. If you use the services for any commercial or business purpose we will have no liability
to you for any loss of profit, loss of business, business interruption or loss of business opportunity or any liability you may have to a third party.

Other important terms‍

‍9. This agreement constitutes the entire agreement of ARC and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

10. 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 or invalidate or render unenforceable such term or provision in any other jurisdiction.

11. This agreement is binding on and shall enureinure to the benefit of ARC and me and each of our respective (as applicable) heirs, executors, administrators, successors, and permitted assigns.

12. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the
courts of the country you live in. We can claim against you in the courts of the country you live in.

13. The parties hereto have required that this agreement and all documents and notices resulting from it be drawn up in English.

14. Without limiting any of the foregoing, I agree that if I am engaging in or if I engage in the any activities , the program and/or the service in my capacity as an employee, agent, director, officer, or other representative of any entity (including, without limitation, a company, partnership, or trust), Ii agree that I am authorized to bind such entity, and that, by entering into this agreement, Ii also agree that this agreement shall also be deemed to apply to any claims that such entity may have arising from or relating to the activities and shall function as a release from both (i) me in my individual capacity; and (ii) such entity.

Part 2: additional terms

Eligibility

‍you must be 18 years of age or older to use any of ARC’s programs & services. By agreeing to this agreement during the sign-up process, you represent and certify that you are legally able to enter into all purchase and other agreements with ARC and its partners, vendors, agents and service providers.

Community Guidelines

‍by joining and participating in ARC’s community you are agreeing to the following guidelines.

Privacy

Do not publish your personal information in a public community, whether online or otherwise. Please use direct messaging when personal information must be shared.

Do not take screenshots from ARC’s community and post them anywhere without explicit prior written consent from the publisher of the original content.

Do not share private conversations between users that were had with the expectation of remaining private.

‍Personal Belongings

You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the ARC facilities. You assume all risk of loss for any of your personal belongings.

Respect

Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender, gender identity, age, ethnic origin or race, religion, nationality, disability, size, veteran status, marital status, sexist comments; or hate speech will not be tolerated.

Discrimination against people based on race, colour, ethnic origin, religion, disability, gender, gender identity, age, veteran status, marital status, nationality, sexual orientation, or any other characteristics protected under federal or local law will not be tolerated. In short, treat each other respectfully.

ARC is a welcoming community where diversity is encouraged to thrive.

Prohibited Behaviour

We want our classes, space and all other Services to be safe and enjoyable environments for all our users. With this in mind, we have established certain behaviour that will not be tolerated while utilizing our Services (Prohibited Behaviour).

While using or taking part on our Services, whether in one of our studios, or at home or some other location, you agree that you shall not.

  • Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
  • Exhibit nudity, indecent exposure or exhibitionist behaviour of any type. This type of behaviour could result in criminal charges being brought against you;
  • Play music that can be heard by others taking part in our Services;
  • Wear clothing that is inappropriate or unsafe for our Services.
  • Interfere with other users’ enjoyment or participation in our Services;
  • Interrupt or interfere with our instructors or staff members;
  • Use our equipment in any manner for which they were not designed or that is not the proper use for the equipment;

The above list is non-exhaustive, and we, and our instructors and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behaviour.‍

Additional Health Disclaimer

‍I have read the notice regarding photosensitive seizures below 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 the 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.

Pregnancy

Unfortunately, if you are pregnant, you would be at risk in the sauna and cold plunge, given the extreme temperatures and fluctuation. Due to specific nature of the ARC classes, we cannot offer expectant mothers to take part in any of our classes or self-cycle sessions. We do not offer any pre-natal treatments currently. Thank you for your cooperation and we look forward to having you back in the future post-pregnancy so that you can enjoy a great experience with us.

ARC: Guided Breathwork and Mindfulness App

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. Even if they have never had a seizure or epilepsy before, some people may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching visual simulations. These seizures may have a variety of symptoms, including light-headedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness. Immediately stop participating in the program and consult a doctor if you experience any seizure related symptoms.

The meditation, breathwork, and wellness practices provided by ARC are intended for informational and educational purposes only. The app is not a substitute for professional medical advice, diagnosis, or treatment.

Always consult with a qualified healthcare provider before starting any new wellness practices, particularly if you have pre-existing medical conditions, are pregnant, or are taking medications.

From time to time, the app may include dietary suggestions  to support your mindfulness or wellness journey. These are optional, non-prescriptive recommendations designed to complement the practices offered within the
app.

All dietary suggestions are for general informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease. Always seek guidance from a licensed dietitian, nutritionist, or healthcare professional regarding your specific dietary
needs.

Your use of any dietary suggestions provided by the app is entirely voluntary and at your own discretion. The app does not assume any liability for adverse reactions, allergies, or other issues arising from following these suggestions.

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. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the service and activities.

You are solely responsible for all activities that occur through your account. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength.

By registering, users agree to be fully responsible for all activities that occur under their username and password.

To protect your account from unauthorised use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorised use of your account or any other breach of security by sending an email to hello@arc-community.com

Membership Subscription Fees

‍ARC offers membership subscription-based access to its in-person experiences and on-demand app. ARC reserves the right to cancel, interrupt, or reschedule any content, class, or online course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms ARC specifies for the service, we grant you a non-exclusive, non-transferable, limited right and license, so long as the classes and/or online courses are available on the service, to access, view, use, and display classes and/or online courses for non-commercial, private use.

Certain content offered through the service is available to you for a fee (“paid content”). ARC uses a third-party payment processor (the “payment processor”) to link your credit card account to the service and requires an active card attached to your account.

The processing of payments or credits, as applicable, in connection with your use of the service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these terms. ARC is not responsible for any errors by the payment processor. In connection with your use of the service, ARC will obtain certain transaction details, which will be used solely in accordance with its privacy policy.

Memberships are billed on a periodic basis as specified at the time of purchase (e.g. monthly or yearly). Your membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the service is otherwise suspended or discontinued pursuant to this agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, ARC will not reimburse you the member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date to avoid additional membership charges.

When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If ARC later increases the price of the subscription, we will notify you via email. We reserve the right to change the price of our subscription at any time and will endeavour to notify you via email with at least 30 days' notice. We require that you provide a valid credit or debit card at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period. ARC will not bill your account until the free trial has expired and if you have not cancelled your account during the free trial period. You may only use a free trial once. It is very important to understand that you will not receive a notice from ARC that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight on the last day of your free trial period.

Freezing Membership

You can also freeze your membership for up to six months for an injury by providing ARC with a medical note. If you wish, you can also freeze a membership if you are pregnant, for the duration of your pregnancy.

Users may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any user will be construed by ARC as fraudulent use, which will result in the immediate cancellation of membership without refund. We reserve the right to cancel any membership which we believe has been compromised, or is being used fraudulently, at our own discretion.

ARC is a non-refundable subscription service. We do not refund any unused time. We trust our members to keep track of their subscriptions and to adhere to the terms and conditions agreed to upon registration.