terms and conditions

last updated: july 14, 2024

please read these terms and conditions carefully before using our service.

interpretation and definitions

interpretation

the words of which the initial letter is capitalized have meanings defined under the following conditions. the following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

definitions

for the purposes of these terms and conditions:

affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
account means a unique account created for you to access our service or parts of our service.
country refers to: massachusetts, united states
company (referred to as either "the company", "we", "us" or "our" in this agreement) refers to bb wellness hingham llc, 57 water st. hingham, ma 02043.
device means any device that can access the service such as a computer, a cellphone or a digital tablet.
goods refer to the items offered for sale on the service.
orders mean a request by you to purchase goods from us.
service refers to the website.
subscriptions refer to the services or access to the service offered on a subscription basis by the company to you.
terms and conditions (also referred as "terms") mean these terms and conditions that form the entire agreement between you and the company regarding the use of the service.
third-party social media service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.
website refers to blackbird wellness, accessible from www.blackbirdwellnessexperiences.com
you means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

acknowledgment

these are the terms and conditions governing the use of this service and the agreement that operates between you and the company. these terms and conditions set out the rights and obligations of all users regarding the use of the service.

your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. these terms and conditions apply to all visitors, users and others who access or use the service.

by accessing or using the service you agree to be bound by these terms and conditions. if you disagree with any part of these terms and conditions then you may not access the service.

you represent that you are over the age of 18. the company does not permit those under 18 to use the service.

your access to and use of the service is also conditioned on your acceptance of and compliance with the privacy policy of the company. our privacy policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the application or the website and tells you about your privacy rights and how the law protects you. please read our privacy policy carefully before using our service.

placing orders for goods

by placing an order for goods through the service, you warrant that you are legally capable of entering into binding contracts.

your information

if you wish to place an order for goods available on the service, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

you represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

by submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

order cancellation

we reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

goods availability
errors in the description or prices for goods
errors in your order

we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

your order cancellation rights

any goods you purchase can only be returned in accordance with these terms and conditions and our returns policy.

our returns policy forms a part of these terms and conditions. please read our returns policy to learn more about your right to cancel your order.

your right to cancel an order only applies to goods that are returned in the same condition as you received them. you should also include all of the product's instructions, documents and wrappings. goods that are damaged or not in the same condition as you received them or which are worn simply beyond opening the original packaging will not be refunded. you should therefore take reasonable care of the purchased goods while they are in your possession.

we will reimburse you no later than 14 days from the day on which we receive the returned goods. we will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.

you will not have any right to cancel an order for the supply of any of the following goods:

the supply of goods made to your specifications or clearly personalized.
the supply of goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
the supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.

availability, errors and inaccuracies

we are constantly updating our offerings of goods on the service. the goods available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the service and in our advertising on other websites.

we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

prices policy

the company reserves the right to revise its prices at any time prior to accepting an order.

the prices quoted may be revised by the company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the company. in that event, you will have the right to cancel your order.

payments

all goods purchased are subject to a one-time payment. payment can be made through various payment methods we have available, such as visa, mastercard, affinity card, american express cards or online payment methods (paypal, for example).

payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. if we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

subscriptions

subscription period

the service or some parts of the service are available only with a paid subscription. you will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

at the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the company cancels it.

subscription cancellations

you may cancel your subscription renewal either through your account settings page or by contacting the company. you will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the service until the end of your current subscription period.

billing

you shall provide the company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

should automatic billing fail to occur for any reason, the company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

fee changes

the company, in its sole discretion and at any time, may modify the subscription fees. any subscription fee change will become effective at the end of the then-current subscription period.

the company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

refunds

except when required by law, paid subscription fees are non-refundable.

certain refund requests for subscriptions may be considered by the company on a case-by-case basis and granted at the sole discretion of the company.

user accounts

when you create an account with us, you must provide us information that is accurate, complete, and current at all times. failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.

you are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party social media service.

you agree not to disclose your password to any third party. you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

intellectual property

the service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the company and its licensors.

the service is protected by copyright, trademark, and other laws of both the country and foreign countries.

our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the company.

links to other websites

our service may contain links to third-party web sites or services that are not owned or controlled by the company.

the company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. you further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

we strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

termination

we may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions.

upon termination, your right to use the service will cease immediately. if you wish to terminate your account, you may simply discontinue using the service.

limitation of liability

notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of this terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or 100 usd if you haven't purchased anything through the service.

to the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. in these states, each party's liability will be limited to the greatest extent permitted by law.

"as is" and "as available" disclaimer

the service is provided to you "as is" and "as available" and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. without limitation to the foregoing, the company provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

without limiting the foregoing, neither the company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

governing law

the laws of the country, excluding its conflicts of law rules, shall govern this terms and your use of the service. your use of the application may also be subject to other local, state, national, or international laws.

disputes resolution

if you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company.

for european union (eu) users

if you are a european union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

united states federal government end use provisions

if you are a u.s. federal government end user, our service is a "commercial item" as that term is defined at 48 c.f.r. §2.101.

united states legal compliance

you represent and warrant that (i) you are not located in a country that is subject to the united states government embargo, or that has been designated by the united states government as a "terrorist supporting" country, and (ii) you are not listed on any united states government list of prohibited or restricted parties.

severability and waiver

severability

if any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

waiver

except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

translation interpretation

these terms and conditions may have been translated if we have made them available to you on our service. you agree that the original english text shall prevail in the case of a dispute.

changes to these terms and conditions

we reserve the right, at our sole discretion, to modify or replace these terms at any time. if a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. what constitutes a material change will be determined at our sole discretion.

by continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. if you do not agree to the new terms, in whole or in part, please stop using the website and the service.

contact us

if you have any questions about these terms and conditions, you can contact us:

by email: hello@blackbirdwellnessexperiences.com

informed consent and waiver of liability

This Informed Consent and Waiver of Liability is a legal agreement between BB Wellness Hingham LLC d/b/a Blackbird Wellness ("Blackbird") and You as a participant in services and classes offered by Blackbird and its affiliates and subcontractors (collectively, the "Offerings"). In consideration of being permitted to participate in the Offerings and in recognition of the Company's reliance on Your agreement to this Informed Consent and Waiver of Liability (this "Release") You agree to all the terms, conditions, and waivers set forth in this Release. If you do not agree to this Release do not click “accept” and do not participate in any of the Offerings. THIS RELEASE AND WAIVER LIMITS YOUR LEGAL RIGHT TO SUE OR OTHERWISE CLAIM DAMAGES AGAINST BLACKBIRD.

You are aware and understand that the Offerings involve physical activity, physical contact, and alternative physical therapies (e.g. exercise, cold-plunges, infrared-saunas, massage, etc.) and therefore carry inherent physical risks. You understand that physical activities always involve the risk of serious injury, disability, death, and/or property damage that cannot be fully eliminated. You are also aware of the contagious nature of bacterial and viral diseases, including COVID-19 (collectively the "Diseases") and the risk that You may be exposed to or contract the Diseases by being engaging in the Offerings, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. You acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. You understand that the Company cannot guarantee that You will not be injured or become infected with Diseases during Your participation in the Offerings and that engaging in the Offerings may increase Your risk of contracting Diseases.
If You are pregnant or become pregnant or are post-natal, You agree that You have consulted with Your doctor and You verify that by participating in the Offerings You do so with Your doctor’s full approval. You realize that You are participating in the Offerings at Your own risk. You also agree to our terms, conditions and waivers governing pre/post-natal classes, if applicable.

You further understand that Company’s Offerings are not a substitute for medical examination, diagnosis, and treatment and that You should see a physician or other qualified health specialist for any mental or physical ailment of which You am aware.

NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE OFFERINGS WITH KNOWLEDGE OF THE DANGERS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE

You hereby waive and release any right You, Your heirs, distributees, guardians, legal representatives and assigns may have or acquire to make a claim against, sue, attach the property of, or prosecute the Company or any of its members, officers, and agents (herein referred to as the “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to Your participating in the Offerings, whether or not the injury or damage results from the negligence or other action of any of the Releasees. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
You confirm that You: (a) do not have any medical or other conditions that would impair Your ability to participate in the Offerings; and (b) am not experiencing symptoms of the Diseases (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever/do not have a confirmed or suspected case of the Diseases, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Diseases. You will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Offerings and the Diseases while on participating in the Offerings, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. You will also follow all instructions, recommendations, and cautions of the Company at all times during the Offerings. If at any time You believe conditions to be unsafe, that You are no longer in proper physical condition to participate in the Offerings, or You begin experiencing symptoms of the Diseases, You will immediately discontinue further participation in the Offerings. You acknowledge that the Company is relying on these statements to allow You to participate in the Offerings.
You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees, arising out of or resulting from any claim of any kind or nature related to Your participating in the Offerings, including any claim related to Your own negligence or the negligence of the Company.
You hereby authorize Company to photograph and/or video tape class sessions and hereby grant Company the absolute and irrevocable, royalty-free, right and permission to use any photographs and video taken of You during such sessions in conjunction with any online social media, promotional materials, and advertising for Company.
Company does not provide storage lockers for any personal property while You participate in the Offerings; therefore, Company shall not be responsible for any loss or damage to personal property that might accompany You to class sessions.
You acknowledge that Company does not operate a Child Care Center as defined by applicable law. If You bring a minor child with You while participating in the Offerings, You agree that Company shall not be responsible for personal injury to any minor children or other persons.
This Release constitutes the sole and entire agreement between the Company and You 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. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and You and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Suffolk County, Massachusetts and You hereby consent to the exclusive jurisdiction of such courts.

BY CLICKING YOUR ACCEPTANCE AND/OR BY PARTICIPATING IN THE OFFERINGS YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BLACKBIRD.

If applicable, You are the parent or legal guardian of the minor named above. You have the legal right to consent and, by clicking or otherwise acknowledging Your acceptance via signature or otherwise, You hereby consent and agree to the terms and conditions of this Release of Liability.

PRE/POST-NATAL CLASS ACKNOWLEDGMENT, WAIVER, RELEASE, AND INDEMNITY

Without limiting Your agreement to Blackbird’s Informed Consent and Waiver of Liability, You hereby acknowledge and agree to the following additional terms and waivers in the event You are currently, may soon become, or were recently pregnant. Blackbird advises You that Your participation in any exercise program while pregnant or post-natal may increase Your risk of personal injury and/or risk and injury to Your pregnancy. By participating in any Blackbird pre/post-natal class, You agree to the following:

You have consulted with a qualified physician of Your choice regarding Your participation in these classes and Your chosen physician has informed You of the risks that You and Your pregnancy undertake in participating in these activities, that Your physician has been made aware of the nature of these activities (e.g. cold-plunges, infrared-saunas, massage, etc.) and has given You permission to participate after consideration of Your health and pregnancy, and that Blackbird would not allow You to participate if Blackbird was made aware that Your participation is against Your doctor’s orders.
You will notify Blackbird if You are or become pregnant and upon request will provide a note from Your physician to confirm Your medical clearance to participate in Blackbird’s activities as described herein. You will also promptly notify Blackbird if and when Your pregnancy status changes.
You understand that Blackbird and its instructors are not medical professionals and do not accept any responsibility regarding Your medical condition(s). If Your medical condition should change (e.g. bleeding, pain, cramps, etc.), You will discontinue Blackbird’s program and will immediately consult with Your physician about further participation.
You hereby personally assume any and all risks associated with participating in Blackbird’s pre-/post-natal exercise programs and shall defend, indemnify, release and hold harmless Blackbird, its respective directors, officers, subsidiaries, affiliates, agents and the instructors of Blackbird’s program from any and all claims, demands, personal injuries, costs, or expense, (including attorney’s fees) arising from or relating in any way to Your or Your child’s participation in the pre/post-natal exercise program.
You acknowledge that You have read, understand and agree to this Waiver, Release and Indemnity Agreement.

arrival and check-in

aim to arrive at least 15 minutes before the start of the class to check-in, set up your mat, and settle into the space without disrupting others.

upon arrival, sign in at the front desk or check-in area. if you’ve check-in on our app, you’re all set!

please note we will not allow late entries.

distraction-free environment

please leave your devices outside the studio to minimize distractions for yourself and others.

maintain a quiet and respectful atmosphere in the studio. avoid loud conversations and be mindful of other practitioners' space and energy.

equipment and props

use studio props (blocks, straps, bolsters) mindfully and return them to their designated storage area after class.

help maintain the cleanliness of the studio by wiping down your mat and any props you've used after class.

class etiquette

stay for savasana at the end of class, as it's an integral part of the practice and allows your body to integrate the benefits of the practice.

be familiar with the blackbird’s cancellation policy regarding pre-booked classes or workshops.

cancellation policy

please be aware that there is a 4 hour cancellation policy. if you no show/late cancel you are subject to a late fee charge of $10. the $10 will be charged to your card on file.

waitlist policy

once the class roster is full, you can add yourself to the waitlist. if you are on the waitlist, we assume you are able and want to attend class if a spot opens up; this can happen up to one hour before the class start time. if you are not able to attend on short notice, please remove yourself from the waitlist.

should you get into class off the waitlist, you will be notified by text (if you have set this permission) and email. you can also check your place on the waitlist through the blackbird app..

pregnancy

blackbird requires a doctor’s note once we have been notified of pregnancy.