Group of female and male Barry's Bootcamp instructors flexing and smiling on black background
Group of female and male Barry's Bootcamp instructors flexing and smiling on black background

Terms of Service

TERMS AND CONDITIONS

BARRY’S REWARDS AND LOYALTY PROGRAM TERMS AND CONDITIONS

Last updated: October 4, 2021.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OF OUR REWARD PROGRAMS AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF OUR REWARD PROGRAMS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

A. TERMS APPLICABLE TO ALL REWARD PROGRAMS

A.1 General

Barry’s Bootcamp Holdings, LLC, (“Barry’s,” “us”, “we”, or “our”) may offer programs that allow members in the respective program (“Members”, “you”, or “yours”) to receive benefits in connection with certain actions taken with respects to our Services (each, a “Reward Program”). By becoming a Member of a Reward Program, you agree to these Terms and Condition (“Reward Terms”). 

Participation in a Reward Program is also subject to Barry’s Terms of Service. If you do not agree, you should not join a Reward Program. 

NOTICE ABOUT DISPUTE RESOLUTION:  ANY DISPUTES RELATING TO A REWARD PROGRAM ARE SUBJECT TO BINDING ARBITRATION PER THE BARRY’S TERMS OF SERVICE, UNLESS YOU OPT OUT OR AN EXCEPTION APPLIES PER THE TERMS OF SERVICE.  SEE FULL DETAILS HERE

All Reward Programs are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARD PROGRAM, ALL OF WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

Use of your information in connection with a Reward Program is governed by our Privacy Policy. Please review this to understand how your information is processed in connection with a Reward Program.

Our Reward Programs currently are:

Brand

Program Name

Offered By

Barry’s, Barry’s X

The Academy

Barry’s

A.2 Membership, Suspension, Modification and Termination

A.2.1 General

We reserve the right to approve, deny or revoke your membership in a Reward Program at any time, for any or no reason, in our sole discretion. Our employees as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in Reward Programs. Reward Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Reward Programs. 

We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Reward Program in a manner inconsistent with these Reward Terms or any international, federal or state laws, statutes or ordinances. Similarly, such action by you may result in you losing any points, rewards or other benefits accrued under the Reward Program. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. 

A.2.2 Accounts

Becoming a member of a Reward Program requires that you create an online account with Barry’s (an “Account”) through either certain of our mobile applications (e.g., iOS and Android) (together, the “Apps”) or through our websites: https://www.barrys.com,

https://www.barrysx.com, and https://www.shop.barrys.com  (together, the “Sites”). Creating an Account is free. You may only participate in a Reward Program using one Account. Accounts are personal and cannot be sold, transferred or assigned to, or shared with friends, family, or others

A.2.3 Age Requirements

Reward Programs are only open to users who are at least fourteen (14) years of age at the time of entry. If you are between the ages of 14 and 18 (or the age of majority in your place of residence if higher than 18), your parent or guardian must consent to these Reward Terms. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO A TEENAGER’S ACCESS TO AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

A.2.4 Membership Responsibility

Barry’s is not responsible for use of a Member’s Account or redemption of a Member’s points or rewards. It is the Member’s responsibility to manage unauthorized use or redemption of points by family, friends, or other individuals who might have access to the Member’s Account. Each Member is responsible for being and remaining knowledgeable about the Reward Terms and the points or rewards on their Account. In the event the Member’s Account is stolen, and the account is misused, or the points are redeemed, the Member must inform Barry’s and the Account will go under investigation to determine what remedy, if any, may be available.  Members are responsible to keep their contact and other information current and accurate.  Barry’s is not responsible for communications failures or other problems caused by out-of-date or inaccurate information furnished by a Member.

You are responsible for the payment of all taxes which may result from participation in a Reward Program. Rewards are non-transferable and may only be redeemed by the person who earned the reward. No cash back will be paid on any reward (unless otherwise required by law).

A.2.5 Contact Information

Reward Programs require contact information from you to facilitate your participation, such as for sending you something you earned in connection with the Reward Program. In most cases, this information is pulled from your Account. It is your responsibility to make sure the information in your Account is accurate. Rewards Program-related communications may include email, push notifications, in-App messaging, and SMS text messaging; provided that separate consent will be sought prior to sending text messages. You can change communication preferences within our Mobile Apps or on our Sites.  NOTE: Certain rewards and benefits associated with Reward Programs may require that you not be opted-out of receiving commercial communications from us.

In connection with a Reward Program, you may earn physical items. Physical items cannot be shipped to P.O. Boxes. If you fail to provide your home mailing address within 5 days of the date when you are notified, you will forfeit the physical item. You may be responsible for shipping and handling costs for physical items earned through the Reward Program, and we are not responsible for lost or stolen physical items. 

A.2.6 Modification/Termination of Reward Programs or Reward Terms 

Reward Programs are offered at the discretion of Barry’s and continue until we terminate or suspend the applicable Reward Program, which we may do at any time. Upon discontinuation of a Reward Program you may lose all benefits under that Reward Program, including those yet to be redeemed. We also reserve the right to unilaterally modify any Reward Program or these Reward Terms, at our discretion, at any time. By continuing to participate in the Reward Program after the effective date of a change, you accept our modifications. We will make reasonable efforts to provide you notice of any material changes to the Reward Programs or these Reward Terms prior to implementation.

A.2.7 Benefit Discrepancies

If you believe that you have not received, or your Account is otherwise not showing, the correct amount of points, “stars,” or other benefits you feel you are owed (collectively, “Benefits”), and such Benefits do not appear on your Account within two weeks after you would have otherwise earned them, (a “Benefit  Discrepancy”) please notify us immediately through our Contact Us Form or directly at [email protected]. We will use reasonable efforts to investigate your Benefit Discrepancy so long as you notify us of such dispute within ninety (90) days after the event that would have resulted in the Benefit you believe you have earned.   We may require additional written information about the Benefit Discrepancy, which if not received to us within the same 90-day period, may result in us not investigating the Benefit Discrepancy, in our sole discretion. We reserve the right to provide any type of relief, or none whatsoever, to your Benefit Discrepancy in our reasonable discretion based on the facts and will have no further responsibilities should you later reassert the same Benefit Discrepancy. If you do not notify us within such ninety (90)-day period, you will have waived your right to that Benefit Discrepancy with respect to those Benefits. 

B. TERMS SPECIFIC TO THE ACADEMY LOYALTY PROGRAM

Barry’s offers an exclusive Barry’s loyalty program that recognizes and rewards Barry’s clients across all facets of the Barry’s experience by awarding stars for certain purchases and actions as described in this Section B (the “Academy Loyalty Program”). The Academy Loyalty Program may not be available in all countries or at all studios and we reserve the right, in our sole discretion, to add or remove participating countries or studios to or from the Academy Loyalty Program.

B.1 Membership

B.1.1 Free Enrollment

There is no fee or purchase necessary to enroll in the Academy Loyalty Program, but, a free Account is required, and, as described below, qualifying purchases are required in order to earn Stars (as defined below). The Academy Loyalty Program is intended for personal use only and commercial use is prohibited. You may join the Academy Loyalty Program by accessing https://loyalty.barrys.com/  through the Sites or through the Barry’s Apps while logged into your Account.

B1.2 Cancellation

You may cancel your membership in the Academy Loyalty Program at any time by contacting us at [email protected] or by following the “Opt out of the program” link at the bottom of the Loyalty dashboard. Upon cancellation, any unused Stars and/or Rewards (both as defined below) you have earned will be forfeited and cannot be redeemed. If you rejoin the Academy Loyalty Program at a later date, you will not be eligible for any first-time enrollment benefits, if any, and you will start with zero (0) stars and at the lowest Tier.

B.2 Earning Stars

B.2.1 General 

The Academy Loyalty Program may allow you to earn points (“Stars”) by making certain qualifying purchases or taking certain actions. On any purchase with a discount or other price reduction, Stars will be earned on the qualifying purchase amount after deducting the discount or reduction. Amounts paid for taxes, shipping, gratuities or gift cards do not count toward earning Stars.  For Stars to be awarded, qualifying purchases must be made directly from us either through our Apps or Sites, or directly at a participating Studio. Purchases made, or actions taken, in non-participating countries, or for non-participating Studios, even if purchased through our Apps or Sites are not eligible for Stars.  You may not transfer or share your Stars to or with others. Stars have no cash value and cannot be redeemed for cash or credit. It is your responsibility to ensure any rewards or benefits you earn under the Academy Loyalty Program are accrued correctly.

Stars may only be earned in participating countries which include United States, Canada and the United Kingdom. All prices for purchases will be converted to United States Dollars using the then-current conversion rate in the Wall Street Journal prior to awarding Stars. We reserve the right to determine the amount of Stars (as defined below) and membership level in any Member’s Account based on our internal records. We assume no responsibility for errors caused by incorrect information and all determinations made by us regarding Account the amounts of Stars or the membership level related to an Account are final and binding. 

B.2.2 Earning Rates

Subject to any conditions and restrictions described in Section B.2.1 above, or elsewhere in these Reward Terms, you may earn Stars at the following rates:

B.2.2.1 Red Room Stars

You earn one hundred (100) stars for every in-studio class you attend that was purchased at full price directly from us either through our Apps or Sites, or directly at a participating Studio. 

B.2.2.2 Fuel Bar Stars

You earn four (4) stars for every $1.00 USD spent at the Fuel Bar. All Star amounts are calculated based on the actual amount you spend, after all applicable discounts or other adjustments, and excluding taxes, shipping and other ancillary costs, all as further described in Section 2.1 above. You earn an additional one hundred (100) bonus Stars on your first Fuel Bar purchase of each Quarter (as defined below).

B.2.2.3 Shop Stars

You earn four (4) Stars for every $1.00 USD spent on qualifying merchandise purchases (per Section 2.1 above) made in-studio or at the online Barry’s Shop (https://shop.barrys.com/). 

You earn an additional one hundred (100) bonus Stars on your first qualifying merchandise purchase made in-studio or at the online Barry’s Shop of each Quarter (as defined below).

For avoidance of doubt, in-studio or online purchases of non-merchandise items, including but not limited to classes, class packs, memberships, Barry’s X on Demand and Gift Cards, are not eligible for Stars or bonus Stars. Smoothies purchased online and not at the Fuel Bar are also not eligible for shop Stars or bonus Stars.

B.2.2.4 Social Stars

You earn two hundred (200) Social Stars, per Quarter (as defined below), for every five (5) new users you connect with on Barry’s X. You can earn a maximum of two hundred (200) Social Stars per Quarter. You only earn credit for a new friend the first time you connect with that person.  For example, if you or the friend “unfriend” one another, delete your Account, or otherwise have your account suspended or terminated, you do not earn another new user by connecting again. Your credit toward five new friends resets on the first day of each new Quarter. For example, if you connected with three (3) new friends in Quarter 1, at 12:00 A.M., on April 1 your new user count would be reset to zero (0) new users, and you would have to connect with five (5) new users in order to earn two hundred Social Stars.

B.2.2.5 Community Stars

From time to time we may offer you special opportunities to accelerate your earnings with exclusive challenges and special offers as offered through certain Apps. These special offers and challenges will award stars pursuant to the description on said challenges or special offers, subject to these Reward Terms. 

B.2.3 Quarters

The Academy Loyalty Program is based on annual quarters defined using UTC time as follows: 

  • January 1 – March 31 (“Quarter 1”)
  • April 1 – June 30 (“Quarter 2”)
  • July 1 – September 30 (“Quarter 3”)
  • October 1 – December 31 (“Quarter 4”) (and, each of Quarter 1, Quarter 2, Quarter 4, and Quarter 4, a “Quarter”).

Each Quarter begins at 12:00:01 a.m.  UTC time of the first date of the respective Quarter, and the preceding Quarter ends at 11:59:59 p.m. UTC on the last date.

B.2.4 Expirations of Stars

To the extent allowed by applicable law, all Stars on your Account expire at the end of the Quarter in which they were earned. At the start of each Quarter, your Stars are reset to zero (0) Stars.  In Canada, Stars cannot be redeemed for any single item with a value over CAN $50. 

If your membership in the program or your Account is terminated or revoked, for any reason, at our sole discretion, all Stars in your Account will immediately expire. We may also immediately cause the expiration of any Stars we believe, for any reason, that you have gained through any fraud, tampering, bug, virus, hacking, intervention or any technological failure or other unauthorized or unplanned compromise of the Academy Loyalty Program or the technology involved, at our sole discretion. 

No cash or credit shall be given for any expired Stars.

B.3 Membership Levels 

B.3.1 Earning and Retaining Membership Levels

You may advance to different membership levels (each, a “Tier”) by earning the set number of Stars required for each Tier (the “Tier Threshold”). You can see the Tiers here. Tier statuses are determined on a Quarterly basis. Tier Thresholds must be met during a single Quarter. Once you reach a Tier Threshold, you will immediately be elevated into that respective Tier and retain the Tier status through the end of the following quarter. Pursuant to Section B.2.4 above, however, your Stars will reset to zero (0) at the start of each new Quarter, and you will have to requalify for your current Tier to retain your current Tier for the next Quarter. Failure to requalify for your earned Tier will result in your Tier status being lowered to the next-lower Tier.  Tier status has no cash value.

For illustrative purposes, if you joined the Academy Loyalty Program in Quarter 1 and earned enough Stars to meet the Tier Threshold for the Silver Tier during Quarter 1, you would gain Silver Tier status immediately upon meeting its Tier Threshold. If you fail to earn enough stars to meet the next highest Tier Threshold, you would keep your Silver Tier status for the remainder of Quarter 1. At the end of Quarter 1, your Stars will be reset to zero (0), you but will retain your Silver Tier status for the entirety of Quarter 2, unless and until you earn a higher Tier during Quarter 2. If you do not earn enough Stars to meet the Silver Tier Threshold during Quarter 2, however, you would not retain your Silver Tier status for Quarter 3, and you would be moved to the next lowest Tier. Failure to meet your current Tier Threshold during subsequent Quarters will result in subsequent one-Tier lowering of Tier status until you reach the lowest Tier.

B.3.2 Tier Modifications

We reserve the right, in our sole discretion, to adjust the Tiers, the Benefits associated with each Tier, the Tier Thresholds, and any other facet of the membership levels or Tiers at any time, all of which may be substantially increased, decreased or otherwise changed or withdrawn at any time. If your Account or membership in the Reward Program is terminated or suspended, you will lose any Tier status you have earned and any associated Benefits. 

B.3.3 Starting Tier

When new Members join the Academy Loyalty Program, they will be placed in a Tier based on their highest quarterly earnings total starting from the last full quarter before global COVID-19 shutdowns (October 1 – December 31, 2019). Members will be gifted this status through end of 2021, however starting October 1, 2021, Members will have to earn stars needed to qualify for Quarter 1, 2022.

B.3.4 Tier Rewards

B.3.4.1 General

You may become eligible for certain Benefits through your membership in the Academy Loyalty Program by qualifying for certain Tiers (“Tier Rewards”). Barry’s shall establish the Tier Rewards associated with each Tier, all of which are subject to modification, cancellation or limitation at Barry’s sole discretion, with or without notice.  In Canada, no single Reward or Benefit shall have a value in excess of CAN $50, and Tier status has no monetary value. 

B.3.4.2 Redeeming Tier Rewards

Tier Rewards are viewable on your loyalty dashboard through your Account on certain Apps or Sites. Many of the Tier Rewards are automatically implemented and require no action taken on your end to redeem. Tier Rewards providing discounts on various purchases (e.g. on Fuel Bar purchases or booking credits) will be automatically applied at checkout. Discounts may only apply to the lowest priced item in your cart. 

B.3.4.3 Complimentary Birthday Class

To receive your complimentary birthday class reward you must provide us with your correct birthday when creating your Account and must have attended at least one class within the last 12 months before your next Barry’s anniversary: the date of your first class.

B.3.4.4 Expiration of Tier Rewards

Unless explicitly stated otherwise, and to the extent allowed by applicable law, all Tier Rewards expire and become unusable by a Member when the Member’s Tier Status in the Tier granting such Tier Rewards end. 

B.3.4.5 Once Per Lifetime Rewards

Some Tier Rewards are only eligible the first time a Member meets respective Tier Threshold. These Rewards will not be available again if a Member earns the required Tier status, loses it, and then re-earns it.  See a current list of such Rewards here. 

 

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