UPDATED JANUARY 2018
I. Application of These Terms & Conditions
II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
At Treebath, we believe every participant and community member matters. Our goal is to do our best to ensure that every experience with Treebath will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us firstname.lastname@example.org or write to us at Treebath Inc., 244 Fifth Avenue, Suite N203, New York, New York 10001, Attention: YOUR TREEBATH MATTERS. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. Arbitration Agreement
By accepting the Terms, you and Treebath agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Treebath initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Treebath or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Treebath. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. Definition of Dispute
Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Treebath regarding any aspect of your relationship with Treebath, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. How Will the Arbitration Work?
Either you or Treebath may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Treebath initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.orgor by calling 1-800-778-7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Treebath will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
F. Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Treebath initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Treebath may initiate the arbitration in New York.
IV. Reservations/Charges/Classes and Gift Cards
In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here https://www.tree-bath.com/regsiter-now by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website listed on your receipt. If, however, you get jammed up and cannot attend a class, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but Treebath will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. You can reserve classes online once new classes are posted but not later than 24 hours prior to class time. Your credit/debit card will be charged for your order when you buy your class or series of classes. Treebath will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Treebath may incur in its efforts to collect any unpaid balances from you.
V. CONSUMERS' RIGHT TO CANCELLATION
You have the right to cancel your purchase of Treebath classes. Your right to do so may vary depending on the applicable laws of each state in which Treebath operates programs. As a result, please review the relevant state-specific terms and conditions, which are provided below. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to email@example.com or Treebath, Inc., 244 Fifth Avenue, Suite N203, New York, New York 10001, Attention: YOUR TREEBATH MATTERS. Treebath will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Community members shall have the option to receive the refund either to the original method of payment or Treebath credit.
VI. ADDITIONAL RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to firstname.lastname@example.org or Treebath, Inc., 244 Fifth Avenue, Suite N203, New York, New York. 10001, Attention: YOUR TREEBATH MATTERS.
You may cancel your contract in any of the following circumstances.
If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Treebath will refund you the purchase price of your unused class or classes.
If you die, Treebath will refund your representative the purchase price of your unused class or classes.
If you move your residence more than 25 miles from a Treebath location, you may cancel your purchase and Treebath will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
If Treebath stops offering classes, you may cancel your purchase.
RUNNING LATE: We ask that you call your guide or email the guide for your class to let us know you are on the way. The guide will wait for up to 10 minutes after the program start time, though we cannot guarantee the guide will wait beyond that. Community members who are more than 10 minutes late will not be admitted to participate as it is too disruptive to other community members.
FOR COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell your guide ahead of time as a courtesy to the other community members.
VIII. Geographic Use of Classes
Treebath offers different series of classes so that our customers can select the options that best suit their individual needs. Before you buy a class or series of classes, it is important that you take a minute and read the written descriptions we provide you about what the class or series includes, its expiration date, and any limitations on where you may use your class. For your convenience and flexibility, you can buy classes that are offered by geographical area. The class offerings and where they can be used are described below and are available on our Website:
IX. Types Class Formats Offered at Treebath
Treebath offers the following classes at its discretion, some of which are offered only periodically while others are offered on a recurring basis:
Treebath Signature: Our signature Treebath forest therapy program with inspirational coaching, this 2.5-hour class will transform your connection with nature with a journey through all your senses.
Treebath Wander: It's amazing what 1 hour and 15 minutes in nature can do. Longer than the Signature class, our guides take you on deeper journey as you explore your unique connection to the world around us.
Treebath Express: Check out our 45-minute express class, with guides that give you the extra attention you need to help you unplug. Designed to improve your connection with nature and lift your spirits, whether it's your first class or you just want to get outside.
Treebath Explorers: Our unique forest-therapy program for children with a curriculum that combines shinrin-yoku, forest therapy, mindfulness exercises and elements of the Swedish outdoor associations 60-year-old program.
For a list of class offerings and descriptions, please visit www.tree-bath.com.
X. Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs (the "Classes") of Treebath and/or its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
You have read and thoroughly understand the inherent risks of being in natural environment, and have read our Frequently Asked Questions and guide on What to Wear, posted on Treebath's Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
If in the subjective opinion of the Treebath staff, you would be at physical risk participating in Treebath's Classes, you understand and agree that you may be denied access to the Classes until you furnish Treebath with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Treebath's concerns and stating that Treebath's concerns are unfounded.
In consideration of being allowed to participate in the Classes, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes, (2) release, indemnify, and hold harmless Treebath, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of Treebath's Classes, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Treebath's Classes, and should not be participating in any Classes.
XI. Links/Third Party Websites
Treebath has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain the Treebath logos, please understand that it is independent from Treebath, and that Treebath has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Treebath.
XII. Intellectual Property Rights
The trademarks and trade dress of Treebath are proprietary to Treebath and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Treebath. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Treebath, is strictly prohibited.
You acknowledge that Treebath and/or third-party content providers remain the owners of all Website 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. Treebath may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
XIII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of Treebath to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and or accessed through this Website and. You also may not engage in the mass downloading of files from this Website and; use the computer processing power of this Website and for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
XIV. Not Authorized to Use This Website for Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Treebath's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and in connection with the sale or resale of any Treebath products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Treebath's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use Treebath's material will automatically terminate and any copies made of Treebath's material must be immediately destroyed.
Any unauthorized use of Treebath's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
XV. Warranty Disclaimer and Limitation of Liability
In no event will Treebath be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of Treebath classes, your rights to cancel your purchase of Treebath classes, your registration for classes, your purchase of merchandise, your communication with Treebath, and your use of and attendance at Treebath's programs, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Treebath expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Treebath on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Treebath provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XVI. Choice of Law
The Terms are governed by the laws of the State of New York, without regard to New York's choice of law provisions. Except as provided above as to those Disputes you or Treebath submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in New York.
XVII. Acceptance of Terms
By using the Website or App, purchasing a Treebath class, purchasing merchandise, and/or using or attending a Treebath class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a Treebath class, registering for a Treebath class, purchasing merchandise, and/or using or attending a Treebath class.
Occasional changes may be made to this document to reflect changes in Treebath's policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying Treebath classes, registering for classes, buying merchandise, and/or using and attending Treebath's programs, you agree to be bound by any such revisions. Community members are encouraged to check this document periodically to stay informed of current guidelines.
XVIII. Contact Us
If you have any questions about these Terms you can contact us here.
STATE SPECIFIC PROVISONS
CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THIS DATE. For purposes of this Agreement, this date means the date of purchase. Your notice of cancellation must be in writing, signed by you, and mailed by registered or certified United States mail to: Treebath Inc., Attention: YOUR TREEBATH MATTERS, Treebath, Inc., 244 Fifth Avenue, Suite N203, New York, New York. 10001. Your notice of cancellation must be accompanied by the email you received from Treebath confirming your purchase. You will receive a refund within 15 business days of receipt of your notice of cancellation.
ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract for any of the following reasons: (1) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months; (2) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing; (3) If you move your residence more than 25 miles from any health club operated by seller; or (4) If the services cease to be offered as stated in the contract. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of Treebath after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with Treebath, or delivered in person to: Treebath, Inc., Attention: YOUR TREEBATH MATTERS, Treebath, Inc., 244 Fifth Avenue, Suite N203, New York, New York. 10001 or email@example.com.