www.teambeachbody.com Open in urlscan Pro
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Submitted URL:
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Submission: On September 01 via api (September 1st 2023, 1:20:46 pm UTC) from US — Scanned from DE

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BODi Terms and Conditions of Use For Residents of the United States and Canada

Last Updated: June 15, 2023

Beachbody, LLC, dba BODi (in the United States) and Team Beachbody Canada LP,
dba BODi Canada (in Canada) and each of their affiliates, subsidiaries and
parent companies (collectively, “BODi”, “us”, “we” or “our”) are pleased to
provide you with access to and use of our websites, mobile and device
applications, content, streaming services, products, services, goods, equipment,
equipment interfaces, promotions, software, technology and any other materials
(collectively, “BODi Services”) that we may provide.

PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION
PROVISION AND CLASS ACTION WAIVER (SECTION 9) WHICH AFFECT YOUR RIGHTS RELATED
TO DISPUTES YOU MAY HAVE WITH BODi. EXCEPT WHERE PROHIBITED BY LAW AND AS SET
FORTH IN SECTION 9, BY PURCHASING, ENGAGING WITH OR OTHERWISE USING ANY BODi
SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND BODi WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF ANY BODi
SERVICES.

The BODi Services are not intended for anyone under the age of 13. IF YOU ARE 13
TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY BODi SERVICES WITH THE
INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

FOR CANADIAN RESIDENTS: SEE BELOW FOR BUYER’S RIGHT TO CANCEL. The Buyer’s Right
to Cancel applies to BODi end consumers referred by an independent BODi Partner.
The Buyer’s Right to Cancel does not apply to independent BODi Partners.

1. Contract Between You and BODi; Privacy Policy.

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available
here) form a legally binding agreement between you and BODi, and govern your
access and use, and our provision of, the BODi Services and any other
technology, content, items or other materials provided by or through BODi, or
otherwise on which these Terms are provided (including via links). BY ACCESSING
OR USING ANY BODi SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS
(INCLUDING WITHOUT LIMITATION SECTION 9 BELOW), OUR PRIVACY POLICY AND ANY
AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE.

Supplemental terms and conditions may apply to certain BODi Services, such as
rules for a particular contest, sweepstakes, competition, or other activity, or
terms that may accompany certain content, software or other materials accessible
through the BODi Services, such as terms related to BODi streaming services
(e.g., One-Day Pass Terms and Conditions, BODcast Rules, Codes of Conduct, etc.)
(“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in
connection with those other activities and will apply and govern specifically
over such activities.

Please note that for BODi Partners, in the event of any direct conflict between
these Terms and the BODi Partner Policies and Procedures and Compensation Plan
(collectively, “P&P”) to which you agreed at the time you signed up as a BODi
Partner, the P&P will govern and control.

2. Changes to These Terms.

We may in our sole and absolute discretion change these Terms or our Privacy
Policy from time to time to comply with laws or to meet our changing business
requirements. These revisions shall be effective for new users immediately upon
being posted to the BODi Services; however, for existing customers, the
applicable revisions shall be effective 30 days after posting unless otherwise
stated. If you do not agree with any of the changes, you must discontinue using
any and all BODi Services. By continuing to use any BODi Services after the
30-day period referenced above in this Section, you expressly accept any
applicable changes. Please note our employees, customer service representatives,
BODi independent Partner distributors, or other agents are not authorized to
modify any provision of these Terms, either verbally or in writing.

3. BODi’s Intellectual Property; Limited License to BODi Services.

A. Ownership.

You acknowledge and agree that the BODi Services, and any logos, names, designs,
text, graphics, software, content, files, materials, and any other intellectual
property rights contained therein, including without limitation any copyrights,
patents, trademarks, proprietary or other rights contained therein, related
thereto, or otherwise arising therefrom are owned by Beachbody, LLC, dba BODi or
its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree
that the source and object code of certain BODi Services (such as our mobile
applications and online tools) and the format, directories, queries, algorithms,
structure and organization of the same are the intellectual property,
proprietary and confidential information of BODi and/or its affiliates,
licensors and suppliers. You expressly agree that you will do nothing
inconsistent with BODi’s ownership of the BODi Services, and that you gain no
rights, title, or interest in or to any BODi Services or any goodwill associated
therewith, except as stated in these Terms or any executed written agreement
between you and BODi. In addition, except as expressly set forth in these Terms,
you are not conveyed any right or license by implication, estoppel, or otherwise
in or under any patent, trademark, copyright, or other proprietary right of BODi
or any third party. Any and all goodwill arising from your use of any BODi
Services shall inure solely to the benefit of BODi.

B. Limited License.

For any BODi Services which enable you to use any software, content, or other
materials owned or licensed by us only after you become validly authorized by
us, we grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license solely to access and use the specific BODi Services,
and any related software, content, or other materials FOR YOUR PERSONAL,
NON-COMMERCIAL USE ONLY.

C. Restrictions.

You are prohibited from, and expressly agree that you will not: (i) circumvent
or disable any content protection system, digital rights management technology,
user and/or country limitations or any other technology used with any BODi
Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any
BODi Services to a human-readable form; (iii) remove identification, warnings,
disclaimers, disclosures, copyright or other proprietary notices in or on the
BODi Services; (iv) access or use any BODi Services in an unlawful or
unauthorized manner or in a manner that suggests an association with our
content, products, services or brands, unless you have an executed agreement
with us that allows for such activity; (v) use, alter, copy, modify, store,
sell, reproduce, distribute, republish, download, publicly perform, display,
post, transmit, create derivative works of, or exploit any BODi Services or any
part thereof, except as expressly authorized in these Terms or as part of the
BODi Services provided to you; (vi) introduce a virus or other harmful
component, or otherwise tamper with, impair or damage any BODi Services or
connected network, or interfere with any person or entity’s use or enjoyment of
any BODi Services; (vii) access, monitor, or copy any element of the BODi
Services using a robot, spider, scraper or other automated means or manual
process without our express written permission; or (viii) sell, resell, or make
commercial use of the BODi Services, unless you have an executed agreement with
us that expressly allows for such activity. You may not access or use any BODi
Service in violation of United States, Canadian or other applicable export
control and economic sanctions requirements. By accessing or otherwise using any
services, content or software through any BODi Services, you represent and
warrant that: (ix) your access to and use of the BODi Services, or any content
or software therein, will comply with any and all requirements in these Terms;
(x) you are not located in a country that is subject to a U.S. or Canadian
government embargo, or that has been designated by the U.S. or Canadian
government as a terrorist supporting country, and that you are not listed on any
U.S. or Canadian government list of prohibited or restricted parties; and (xi)
you will comply with all applicable local, national, and international laws,
rules, regulations and ordinances in connection with your use of any BODi
Services and our websites.

D. Third Party Services and Content.

Certain BODi Services may integrate, be integrated into, or be provided in
connection with third-party websites, services, applications, tools, interfaces,
content, and/or materials (“Third-Party Services”). We do not review or control
any Third-Party Services. We additionally make no claim or representation
regarding, and accept no responsibility for, the quality, content, nature, or
reliability of Third-Party Services accessible from our websites, apps, software
or any other element of the BODi Services. There is no implied affiliation,
endorsement or adoption by BODi of these Third-Party Services and we shall not
be responsible for any content provided on or through these Third-Party
Services. You should read the terms of use and privacy policies that separately
apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without
limitation, food, nutrition, and exercise data, may be made available by third
parties through or in connection with the BODi Services (“Third-Party Content”).
This Third-Party Content belongs to the respective authors or providers of the
applicable Third-Party Content and these authors and providers are solely
responsible for the Third-Party Content they provide in connection with the BODi
Services. BODi DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY THIRD-PARTY CONTENT ON ANY BODi SERVICE; OR (ii) ADOPT, ENDORSE OR ACCEPT
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR
STATEMENT MADE BY A THIRD-PARTY as part of any Third-Party Content. UNDER NO
CIRCUMSTANCES WILL BODi BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM
YOUR RELIANCE ON THird-Party CONTENT POSTED ON THE BODi SERVICES OR TRANSMITTED
TO OR BY ANY THIRD-PARTY in connection with the BODi services.

E. App Providers.

If you access any BODi Service using an Apple iOS or other third-party device,
you acknowledge that each of those third party companies, such as Apple Inc.
(each, “App Provider”), will not be responsible for any damages arising out of
the failure of a BODi Service to operate as intended.

When accessing any BODi Services by or through an App Provider, you acknowledge
and agree that: (i) these Terms are concluded between you and BODi, and not with
the App Provider, and that we are solely responsible for any BODi Services (such
as mobile applications), and not the App Provider; (ii) the App Provider has no
obligation to furnish any maintenance and support services with respect to any
BODi Services; (iii) in the event of any failure of the BODi Services to conform
to any applicable warranty: (a) you may notify the App Provider and the App
Provider will refund the purchase price for the BODi Services to you (if
applicable); (b) to the maximum extent permitted by applicable law, the App
Provider will have no other warranty obligation whatsoever with respect to the
BODi Services; and (c) any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be our
responsibility; (iv) the App Provider is not responsible for addressing any
claims you have or any claims of any third party relating to any BODi Services
or your possession and use of the BODi Services, including without limitation:
(d) product liability claims; (e) any claim that the BODi Service fails to
conform to any applicable legal or regulatory requirement; and (f) claims
arising under consumer protection or similar legislation; (v) in the event of
any third party claim that the BODi Service or your possession and use of the
same infringes that third party’s intellectual property rights, we will be
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim to the extent required by these Terms;
(vi) the App Provider and its subsidiaries, are third party beneficiaries of
these Terms as it relates to your license of the BODi Services, and that, upon
your acceptance of these Terms, the App Provider will have the right (and will
be deemed to have accepted the right) to enforce these Terms against you as a
third party beneficiary thereof; and (vii) you must also comply with all
applicable third party terms of service when using the BODi Services. As also
mentioned in these Terms, you represent and warrant that you are not located in
a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a terrorist supporting country, and that
you are not listed on any U.S. government list of prohibited or restricted
parties.

F. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THE BODi SERVICES, INCLUDING WITHOUT LIMITATION, ANY
PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION
AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE
PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND
WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR
IMPLIED, REGARDING THE BODi SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR
WARRANTY THAT THE BODi SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE
UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE
PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE
ACHIEVED OR OBTAINED THROUGH USE OF ANY BODi SERVICES. YOU AGREE TO USE THE BODi
SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD BODi OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND
SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM
YOUR ACCESS TO OR USE OF THE BODi SERVICES, INCLUDING WITHOUT LIMITATION ANY
LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE BODi SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS,
PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES,
INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US
FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR
PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE
THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH BODi; PLEASE READ THE
WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE
PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY
CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT
DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR
WEBSITES.

G. Mobile Networks; Texting.

When you access any BODi Services through a mobile network, such as one of our
mobile applications, or you sign up for our text message programs, your network
or roaming provider’s messaging, data and other rates and fees may apply. Not
all BODi Services may work with your network provider or device.

When you sign up to receive text messages from us, you acknowledge and agree you
will receive such text messages using an autodialer to the number you provide,
and that your consent for us to send you text messages is not a condition of
purchasing any BODi Services. Not all carriers may be included within our text
messaging programs. You are free to opt-out of receiving text messages from us
at any time. Please see any additional instructions provided to you at the time
you sign up.

4. Your Content and Account.

A. User Generated Content.

The BODi Services may allow you and users of our websites to communicate,
submit, upload or otherwise make available text, reviews, stories, images,
photos, audio, video, media, chats, personally identifiable information
(including health, wellness and nutritional data), feedback about our products
and services, testimonials, success stories, or other content (“User Generated
Content”). User Generated Content that you submit through your BODi Account or
any other BODi Services will be stored, maintained and used by BODi in
accordance with our Privacy Policy. You acknowledge certain types of User
Generated Content that you submit, such as chats, photos, reviews, and message
board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that is illegal, infringing,
false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar,
obscene, pornographic, negative or otherwise offensive or that harms or can
reasonably be expected to harm any person or entity, whether or not such
material is protected by law, as determined by BODi in its sole and absolute
discretion. We have the right, but not the obligation, to monitor, screen, post,
remove, modify, store and review User Generated Content or communications you
submit, at any time and for any or no reason, including to ensure that the User
Generated Content or communication conforms to these Terms, without prior notice
to you.

You represent and warrant that your User Generated Content conforms to these
Terms and that you own or have the necessary rights and permissions, without the
need for payment to or consent from any other person or entity, to use and
exploit, and you fully and unconditionally authorize us to use and exploit, your
User Generated Content in all manners and mediums (including commercial use)
desired by BODi including as contemplated by these Terms. You agree to indemnify
and hold us and our affiliates, parent companies, and subsidiaries, and each of
their respective employees, officers, and directors harmless from any demands,
loss, liability, claims or expenses (including attorneys’ fees), made against us
by any third party arising out of or in connection with our use and exploitation
of your User Generated Content. You also agree not to enforce any moral rights,
ancillary rights or similar rights in or to the User Generated Content against
us or our licensees, distributors, agents, representatives and other authorized
users, and agree to procure the same agreement not to enforce from others who
may possess such rights. You waive any right to injunction or other equitable
relief in connection with BODi’s use or exploitation of User Generated Content.

We will not be responsible or liable to any third party for any User Generated
Content. We are not responsible for, and do not endorse or guarantee, the
opinions, views, advice or recommendations posted or sent by other users of the
BODi Services, or any authors, experts, celebrity trainers or otherwise. User
Generated Content shall not state or reflect the attitudes and opinions of BODi,
and any views and opinions expressed on our websites shall not be attributed to
or otherwise endorsed by BODi.

B. License to Your User Generated Content.

We do not claim ownership to your User Generated Content; however, you grant us
a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and
royalty-free worldwide license under all copyrights, trademarks, patents, trade
secrets, privacy and publicity rights and other intellectual property rights to
use, reproduce, transmit, print, publish, publicly display, exhibit, distribute,
redistribute, copy, index, comment on, modify, adapt, translate, create
derivative works of, publicly perform, make available and otherwise exploit such
User Generated Content, in whole or in part, in any and all media and channels
now known or hereafter devised (including in connection with the BODi Services
and on third-party sites and platforms such as Facebook, YouTube and Twitter),
in any number of copies and without limit as to time, manner and frequency of
use, without further notice to you, with or without attribution, and without the
requirement of permission from or payment to you or any other person or entity.
This includes without limitation our use of your User Generated Content in
connection with any advertising, product packaging, printed publications,
presentations, promotional materials, events and associated marketing materials,
television and digital commercials, videos, social media websites, applications,
or on our websites or in any other commercial manner. We are not, however,
obligated to use your User Generated Content.

To the extent that we authorize you to create, post, upload, distribute,
publicly display or publicly perform User Generated Content that requires the
use of our copyrighted works, we grant you a limited, non-transferable,
non-exclusive license to create a derivative work using our copyrighted works as
required for the sole purpose of creating the materials, provided that such
license shall be conditioned upon your assignment to us of all rights in the
work you create. If such rights are not assigned to us, your license to create
derivative works using our copyrighted works shall be null and void.

C. Public Forums.

Certain BODi Services include public forums, which include without limitation,
discussion forums, message boards, blogs, chat rooms or instant messaging
features. You acknowledge these public forums are for public and not private
communications. You further acknowledge that any User Generated Content you
upload, submit, post, transmit, communicate, share or exchange by means of any
public forum may be viewed on the Internet by the general public, and therefore,
you have no expectation of privacy with regard to any such submission or
posting. You are, and shall remain, solely responsible for the User Generated
Content you upload, submit, post, transmit, communicate, share or exchange by
means of any public forum and for the consequences of submitting or posting
same. You acknowledge and agree BODi is not responsible for any content posted
on public forums by any third parties, including without limitation any content
which you may find illegal, infringing, false, defamatory, harassing,
threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative,
offensive or harmful.

D. User Conduct.

You must only use the BODi Services for lawful purposes and in compliance with
any applicable Codes of Conduct, and you must not use them in a way that is
illegal or harmful, or infringes the rights of anyone else or that restricts or
inhibits anyone else's enjoyment of any BODi Services. In using any BODi
Services, and in particular, our websites, you expressly acknowledge you are
prohibited from, and agree that you will not without our prior express written
consent:

i. copy, reproduce, or improperly use, post or
access any content on the BODi Services;

ii. modify, distribute, or re-post any content on
the BODi Services for any purpose;

iii. use the content on the BODi Services for any
commercial exploitation whatsoever;

iv. disrupt or interfere with the security of, or
otherwise abuse, the BODi Services, or any services, system resources, accounts,
servers, or networks connected to or accessible through the BODi Services or
affiliated or linked sites;

v. access content, data or portions of the BODi
Services which are not intended for you, or log onto a server or account that
you are not authorized to access;

vi. attempt to probe, scan, or test the
vulnerability of the BODi Services, including websites, applications, or any
associated system or network, or breach security or authentication measures
without proper authorization;

vii. access any BODi Services or our websites
through any automated means, such as “robots,” “spiders,” or “offline readers”;

viii. interfere or attempt to interfere with the use
of the BODi Services by any other user, host or network, including, without
limitation by means of submitting a virus, overloading, "flooding," "spamming,"
"mail bombing," or "crashing";

ix. use any data mining, “scraping”, web crawling,
robots, or similar data gathering and extraction methods on the BODi Services;

x. harass, “stalk”, disrupt or interfere with any
other user's enjoyment of the BODi Services or affiliated or linked sites;

xi. upload, post, or otherwise transmit through or
on the BODi Services any viruses or other harmful, disruptive, or destructive
files;

xii. use, frame, or utilize framing techniques to
enclose any BODi trademark, logo, or other proprietary information (including
the images found at our websites, the content of any text, or the layout/design
of any page or form contained on a page) without BODi's express written consent;

xiii. use meta tags or any other "hidden text"
utilizing a BODi name, trademark, or product name without BODi's express written
consent;

xiv. deeplink to the BODi Services, including our
websites without BODi's express written consent;

xv. create or use a false identity on the BODi
Services, share your account information, use another individual’s account
information, or allow any person besides yourself to use your account to access
the BODi Services;

xvi. harvest or otherwise collect information about
BODi users, including email addresses and phone numbers;

xvii. download, “rip,” or otherwise attempt to obtain
unauthorized access to any BODi Services, content or other materials;

xviii. post any copyrighted material unless the
copyright is owned by you; and/or

xix. engage in any behavior or conduct that is
illegal, infringing, false, defamatory, harassing, threatening, bigoted,
hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive
or that harms or can reasonably be expected to harm any person or entity,
whether or not such material is protected by law, as determined by BODi in its
sole and absolute discretion.

E. Your Account; Passwords.

Certain BODi Services permit or require you to create an account (such as a BODi
account) to enjoy additional services and benefits that we provide. You agree to
provide and maintain accurate, current and complete information for your
accounts, including as applicable, your name, contact, and payment information.
You agree not to impersonate or misrepresent your affiliation with any person or
entity, including using another person’s username, password or other account
information, or another person’s name, image, photo or likeness, or if
applicable, provide false details for a parent or guardian. You agree that we
may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or
termination, in appropriate circumstances and in our sole and absolute
discretion, of the accounts of users who violate these Terms, are repeat
infringers of copyright, or engage in, encourage or advocate for offensive,
abusive, or illegal conduct.

You are responsible for maintaining the confidentiality of your username and
password, and you are responsible for all activities under your account that you
can reasonably control. You may not share your password or other login
information with any person; any use of your account by any person other than
yourself is grounds for suspension or termination of your account. You agree to
promptly notify us of any unauthorized use of your username, password or other
account information, or of any other breach of security that you become aware of
involving your account or the BODi Services. You agree not to use the account,
username or password of any other account holder at any time. BODi will not be
liable for any loss that you incur as a result of someone else using your
password, either with or without your knowledge.

F. Member Public Profiles.

When you create an account with us (such as a BODi account), you may be asked to
provide certain personal information, such as your name and e-mail address. Some
of this information may be publicly viewable by others, such as other BODi
members or account holders.

BODi relies on its members to provide current and accurate information, and we
do not, and cannot, investigate information contained in member public profiles.
BODi does not represent, warrant or guarantee the accuracy of public profile
information, and hereby disclaims all responsibility or liability for any
information provided by members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You
acknowledge and agree that BODi does not (i) screen its members; (ii) inquire
into the backgrounds of its members; or (iii) review or verify the statements of
its members, including without limitation, information or representations
contained in public profiles. BODi does not warrant, endorse or guarantee the
conduct of its members or their compatibility with you, and you agree to
exercise all precautions in your interactions with other members. Like all open
forums on the Internet or social media, you should always be careful about what
you share in a public forum, and in particular, you should never share your
password, social security number or any other personal information.

5. BODi’s Products/Services; Websites; Orders.

A. Our Guarantee.

Most of our products and services carry a specific money back guarantee, return
or exchange policy starting from the date that the product or service is
delivered or supplied to you. Please review the information provided with your
product/service for specific details.

To exercise your money back guarantee and/or return or exchange a product, log
in to your account on BODi.com and locate your order. If your order is eligible
for a return, you may initiate the return by obtaining a Return Authorization
Number and follow the instructions provided to return the product. Products that
come with a money back guarantee will receive a refund of the purchase price,
less applicable shipping and handling, unless stated otherwise. In some cases,
you may also be responsible for paying to ship any products back to us. We will
not process a refund or reship for products returned without a Return
Authorization Number, returned products sent to the wrong address, or any loss
or damage to returned products that occur in transit. If returned products are
lost or damaged in transit, we reserve the right to charge you for, or not
refund any amounts attributable to, any such lost or damaged products. Should
you experience any difficulty or delay in returning a product and securing the
proper refund, please visit BeachbodySupport.com.

B. Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions,
prices and other information shown on our websites are correct and fairly
described. However, when ordering products or services through our websites,
please note that:

i. BODi reserves the right to not accept any
orders if there is a material error in the description of the product or
service, or if the price advertised is incorrect;

ii. BODi reserves the right to refuse or
discontinue the supply of any product or service to any customer, or change,
suspend or discontinue any aspect of our websites at any time in our sole and
absolute discretion;

iii. all prices are displayed in United States or
Canadian Dollars (as applicable) unless expressly indicated otherwise;

iv. packaging and contents may vary from that
shown on our websites;

v. any weights, dimensions, and capacities shown
on our websites are approximate only;

vi. when you place an order, we estimate the tax
applicable to your order and include that estimate in the total for your
convenience (the final tax amount will be based on the then-current rate as
established by the applicable taxing authority, charged to your payment method,
and reflected in the order confirmation and package invoice we provide to you);
and

vii. all items are subject to availability and we
will inform you as soon as reasonably possible if any product or service you
ordered is not available and whether we may offer you an alternative of equal or
higher quality and value.

Please also note that we may be required to change the terms of any products,
goods or services that we offer and/or you purchase. This includes without
limitation changes to prices, taxes, shipping and handling amounts,
specifications, delivery times, and/or package contents. We will provide you
with prior notice of any changes, by posting a notice on our websites, sending
an e-mail to you at the address you provided at the time of purchase, or by
including a notice in any products you receive on an automatic recurring or
subscription basis. BODi will not incur any obligation as a result of such
change. As a valued customer, you are always free to cancel future orders at any
time by calling our friendly Customer Service at (800) 804-4333. By continuing
to accept products, goods and/or services after we have notified you of a change
to any terms, you will be deemed to have accepted the change.

C. Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some
situations that may result in your order being cancelled include system or
typographical errors, inaccuracies in product or pricing information or product
availability, fairness among customers where supplies are limited, or problems
identified by our credit or fraud departments. We also may require additional
verification or information before accepting an order. We will contact you if
any portion of your order is cancelled or if additional information is required
to accept your order. If your order is cancelled after we have processed your
payment but prior to delivery, we will of course refund your payment.

All purchases are subject to applicable shipping and handling, and sales and/or
other taxes, which will be applied to your order total. For non-shippable goods,
sales and/or other taxes will be calculated based on the billing address
provided. For shippable goods, sales and/or other taxes will be calculated based
on the shipping address provided. For orders that consist of both shippable and
non-shippable goods, sales and/or other taxes will be calculated based on the
shipping address provided.

D. Taxes.

For purchases where sales or transaction tax is applicable you will see the tax
calculated on the checkout page before you are asked to confirm the purchase.
Tax shown at checkout is an estimate and the actual tax collected may differ
once we process the order. We use commercially reasonable efforts to calculate
and remit the correct amount of tax required on each taxable purchase, but we do
not guarantee the accuracy of the amount of the tax represented as owed. Minor
errors may occur owing to the inability to accurately track multiple taxing
districts, state and local “tax holidays,” and timing of rate changes or the
application of certain taxes to categories of items we sell. As a result of any
error, we may overcollect or undercollect your tax. In consideration of our
allowing you access to the use of the BODi Services, and in collecting and
remitting taxes required on your purchases, you hereby waive your right to claim
that the tax collected on any purchase is incorrect in any respect and you agree
to hold us, our officers, directors, employees, agents and representatives,
harmless from and against any claim, action, demand, loss, suit, or damages
(including attorneys' fees) made or incurred as a result of our error in
calculating the taxes you owe for your purchases.

If you purchase any BODi Services on third party platforms, such as Apple, those
third parties may be responsible for collecting and remitting applicable taxes
to the taxing authorities.

E. Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an
offer, use our mobile applications, or purchase our BODi Services, you agree to
only provide true, accurate, current, and complete information. By providing any
credit card or other payment method information to us, you represent that such
payment information is correct, and belongs to you or you have the authority to
use such payment method. In the case of e-mail, you must provide an accurate
e-mail address that is registered to you. You are responsible for promptly
updating your information with any changes, especially to keep your billing
information current. You must promptly notify us if your payment method is
cancelled (for example, for loss or theft). Changes to such information can be
made by contacting Customer Service at (800) 804-4333. To help keep your account
current and prevent service interruption, you acknowledge BODi may update your
payment method on file when it is set to expire or based on updates it receives
from the bank that issues your payment method. You agree that your placement of
an electronic order on our websites is sufficient to satisfy any applicable
Statute of Frauds, and no further writing is required. If you are accessing,
using and/or purchasing any BODi Services on behalf of a company, you represent
you have sufficient authority to bind that company to these Terms.

F. Shipping.

We will take commercially reasonable efforts to ship your products within the
timeframe we provided to you at the time of purchase. Please see the tracking
information provided with your order confirmation for approximate delivery
timeframes.

Please note that any timeframes we provide are good faith estimates and may be
subject to change. We will take commercially reasonable steps to inform you in
writing of any shipping delays that extend beyond the timeframe we provided at
the time of purchase. Product availability may be limited in some cases and not
available for immediate shipment. In that case, products may be delivered in
separate shipments depending on availability. For example, if your purchase
included two or more items, we may ship those products which are in stock, and
later ship the other products to you when they become available. You are always
welcome to visit BeachbodySupport.com if you wish to cancel or modify your order
due to a delay in shipping. We will not be liable beyond refunding your purchase
price if there is a delay in delivering your product(s). We are not responsible
for shipments which are returned to sender or refused at delivery, or shipping
delays due to factors outside of our reasonable control, such as bad weather,
natural disasters, strikes, protests, government disruptions, etc.

Since we are not authorized to sell our products in all jurisdictions, we may
reject certain purchases based on the shipping address provided. Please note we
reserve the right to set appropriate shipping terms for shipments to certain
foreign jurisdictions that are fulfilled from U.S. warehouse locations.

G. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS.

We offer certain products and services on an automatic or subscription basis, so
you can enjoy all the benefits of our products or services on a continuous
basis. If you choose this option at the time of your purchase, you agree such
products/services will automatically renew at the frequency disclosed to you at
the time of your initial purchase (i.e., monthly, quarterly or annual basis,
etc.). By choosing the automatic subscription option, you acknowledge and agree
your subscription will automatically renew, and unless and until you cancel, you
authorize us to charge your payment method for the products/services you
continue to purchase, plus applicable shipping and handling, and taxes. If you
purchased a subscription with a free trial period, you authorize us to charge
your payment method when the free trial period ends, unless you cancel your
subscription before the free trial period ends, and you will not receive a
notice from us that your free trial period has ended. The charges will typically
occur on or around the same day of the month as your initial purchase, although
some charges may be delayed for business or legal reasons. Physical products
will be delivered to the address you provided during your initial purchase.
Certain subscription services, such as BODi and Pro Team memberships are not
physical products, and thus, are not shippable. Your automatic subscription will
continue until you or BODi cancels your order. If there are any changes to your
subscription terms, such as pricing, frequency, date of charge or any other
items, we will take commercially reasonable efforts to inform you in writing of
such change. Subject to the Buyer’s Right to Cancel below for Canadian
purchasers for the initial automatic subscription purchase made through a BODi
Partner, you may modify or cancel your subscription at any time by visiting
www.BeachbodySupport.com. Any modifications or cancellation of your subscription
must be received by us at least three (3) days prior to the next scheduled
payment/ship date in order to take effect for that period. If you cancel less
than three (3) days prior to the automatic renewal day for your subscription,
your subscription will continue as scheduled and your cancellation will take
effect in the following period.

H. International Orders.

We do not directly sell certain products in any jurisdiction other than the
United States or Canada as these products may not be approved for sale in other
jurisdictions. While BODi may choose to accept orders for the purchase of its
products from non-residents of the United States or Canada, the acceptance of
such orders and the sale of such products will only be based on the following
conditions precedent:

i. you agree that the purchase of any BODi
products by you, as a non-resident of the United States or Canada, shall be (a)
ex works BODi's facilities (which may exist anywhere in the world) per Incoterms
2010, with all title risk and loss in the products passing to you from such
facility and (b) for your own personal use only and not for further resale or
distribution in any manner;

ii. you agree not to order more than a ninety
(90) day supply of any consumable products within any ninety (90) day period;

iii. you hereby expressly authorize and direct
BODi to load and ship the purchased products to you to your designated ship to
destination, and to contract on your behalf with a common carrier or courier
company for that purpose;

iv. you are the principal importer of record,
responsible for ensuring any products can be lawfully imported into your
country, and will undertake responsibility for any and all applicable taxes,
shipping, customs clearance, duties and import requirements from BODi's
facilities to your foreign ship to destination; and

v. the United Nations Convention on the
International Sale of Goods shall not apply to any purchase or sale, and BODi
expressly opts out of such application.

For products shipped outside the United States or Canada, please note that some
BODi Services, including without limitation, exercise programs, content,
manuals, instructions and safety warnings may not be localized in destination
country languages; and the products, goods, services and accompanying materials
may not be designed in accordance with destination country standards,
specifications, and labeling requirements. In those cases, you expressly accept
those BODi Services in the English or French language and as they are sold.

I. BODi.

If you are an active, paid subscriber of BODi, you will be able to stream a
variety of BODi exercise and nutrition programs, and gain access to related
digital program materials, such as workout calendars, nutrition guides, and
more. BODi memberships are not transferable and may only be used by the
individual who signed up for the account. If you cancel your membership, you
will no longer have access to any BODi content through BODi, unless otherwise
stated.

6. We Want To Keep You Safe! Important Notice About Our Fitness and Nutrition
Content, And BODi Partners.

A. The BODi Services Do Not Constitute Medical Advice or Other Professional
Healthcare Advice. Although BODi provides its products and services with your
health and safety in mind, each individual has their own limitations and it is
therefore critical that you consult your physician or other licensed healthcare
provider for necessary medical or appropriate care, follow all safety and other
instructions provided by BODi, and obtain appropriate authorization before
accessing or using any BODi Services, especially if you are prone to injuries,
are pregnant or nursing, are under 18 years of age, or have any other unique or
special medical conditions. ALL BODi Services are provided for ENTERTAINMENT AND
informational purposes only, and are not intended to diagnose any medical OR
HEALTHCARE condition, replace the advice of a LICENSED healthcare professional,
or provide any medical advice, OPINION, diagnosis, treatment OR GUARANTEE. The
information made available on or through the BODi Services should not be relied
upon when making medical or other important healthcare decisions. BODi DOES NOT
PROVIDE CLINICAL SERVICES. ANY BODi PARTNERS OR INDIVIDUALS CERTIFIED BY BODi IN
ANY BODi PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED
MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING
INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY
IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND
NOT BODi, BODi PARTNERS OR ANY INDIVIDUAL CERTIFIED BY BODi – IN CONNECTION WITH
YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY BODi SERVICES DOES NOT CREATE
A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND
BODi OR YOU AND ANY PERSON CERTIFIED THROUGH BODi.

Any individual results using BODi Services may vary. Exercise and proper diet
are necessary to achieve and maintain weight loss and muscle definition. The
testimonials featured on our websites may have used more than one BODi product,
nutrition program and/or supplements, or extended the program to achieve their
successful results.

B. Nutrition Information. Certain BODi Services, such as nutrition plans
provided with our fitness programs and online nutrition database, and access to
live chats with our nutrition team, provide nutrition, food, caloric and other
related information designed to help our customers eat healthy to help them
reach their health and wellness goals. While any nutrition information we may
provide is designed to safely align with our related exercise regimens, you must
consult your physician or other licensed healthcare provider (AND NOT BODi OR
ANY BODi PARTNER) before beginning any nutrition plan or altering any dietary
regimen, especially if you have any unique or special medical needs or
conditions, such as food allergies, dietary restrictions or if you are pregnant
or breast feeding. The BODi Services are not a substitute for professional care.
If you have or suspect you may have a medical or psychological problem, or a
nutritional deficiency or dietetic condition, you should consult your medical
doctor, psychologist or nutritionist, as appropriate.

C. BODi Partners. BODi Partners are independent third-party distributors of
the BODi Services and responsible for conducting themselves and maintaining
their independent businesses in compliance with, among other things, BODi’s
policies and procedures and applicable laws. Due to this independent
relationship, you acknowledge and agree that BODi is not responsible or liable
for any acts or omissions of any BODi Partner, including through any statements
or communications (verbal, electronic or otherwise), images or other conduct,
and whether made within or through any BODi Services, social media, “offline,”
or otherwise. We encourage you to report any inappropriate conduct by any BODi
Partner to our Compliance Department: Compliance@Beachbody.com.

D. Metrics, Values and Figures Are Estimates Only. Please remember that any
metrics, values and figures presented or displayed on or within the BODi
Services are estimates only and may be inaccurate. This includes without
limitation nutritional values, such as calorie, fat, protein, fiber, and other
related values, and equipment-related values, such as heart rate, cadence,
resistance and any other related values. You must only use such metrics, values
and figures for general reference only and always consult your physician or
other licensed healthcare provider for necessary or appropriate care and advice.

E. Safety Warnings. BODi provides safety warnings, along with care and use
instructions for certain exercises, equipment, products and services. You must
always carefully read and follow all such warnings and instructions prior to
beginning any exercise, or use of any equipment, products or services. Failure
to read and follow any applicable warnings and instructions could result in
serious injury and/or death to you and others.

F. Age Restrictions. You must always adhere to any minimum age restrictions
and limitations related to any BODi Services, including without limitation,
equipment and connected fitness bikes.

G. Assumption of Risk. You expressly acknowledge and agree that your access,
use and/or involvement with any BODi Services (including without limitation,
exercise, nutritional, and equipment and connected fitness bikes/products),
independent BODi Partners, or individuals certified by BODi in any BODi products
or services may involve potentially dangerous and physical activities that may
lead to personal and/or bodily injury, death, temporary or permanent disability,
loss of services, loss of consortium, or damage to or loss of property or
privacy. You hereby acknowledge and willingly accept these risks and agree to
unconditionally release and hold BODi harmless from and against all claims,
suits, damages, losses, causes of action, costs, expenses or liability arising
out of or related to your access, use and/or involvement with any BODi Services.

7. Piracy.

Counterfeit products hurt us all. While it causes immeasurable harm on a global
basis—such as funding terrorism and organized crime, causing identity theft, and
contributing to lost business and jobs—it also significantly harms companies,
governments, and consumers. BODi is a victim of this problem and suffers from
the illegal stealing, manufacturing, importing and selling of counterfeit BODi
products. Although we are waging the war against counterfeit products, we need
your help! If you ever learn of any counterfeit activity, please let us know by
sending an email to AntiPiracy@Beachbody.com.

8. Copyright Policy and Copyright Agent.

It is BODi's policy to respect the copyright and other intellectual property
rights of others. BODi may remove content from its websites or other properties
that appears to infringe the copyright or other intellectual property rights,
including moral rights, of others. In addition, BODi may terminate access by
users who appear to infringe the copyright or other intellectual property rights
of others. Further, BODi complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online BODi Services, or
accessible via links posted on online BODi Services, infringes your copyright,
you or your authorized agent may submit a notification to us, as set forth in
this policy. Please send a notification including all of the information
described below (“Notification”) to our copyright agent by mail or e-mail using
the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material
misrepresentations in a Notification. Therefore, if you are not sure whether
content located on or accessible via a link posted on the online BODi Services
infringes your copyright, you should contact an attorney.

A Notification must include the following:

A. Identification of the copyright claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
Notification, a representative list of works.

B. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and information reasonably sufficient to
permit us to locate the material (preferably a link to the material).

C. Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an electronic mail address at
which you may be contacted.

D. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the rights owner, its agent, or
the law.

E. The physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.

F. A statement that the information in the Notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.

Please direct Notifications via email to: DMCA@Beachbody.com, or by mail to:

Beachbody, LLC, dba BODi

400 Continental Blvd, Suite 400

El Segundo, CA 90245

Attn.: Chief Legal Officer

Upon receipt of a substantially compliant Notification regarding an alleged
copyright violation, we will respond expeditiously to remove, or disable access
to, the material that is claimed to be infringing. We will also terminate in
appropriate circumstances users who are willful or repeat infringers.

9. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND
CLASS ARBITRATIONS.

A. Disputes. The terms of this Section shall apply to all Disputes between
you and BODi. For the purposes of this Section, “Dispute” shall mean any
dispute, claim, or action between you and BODi arising under or relating to any
BODi Services, BODi’s websites, these Terms, or any other transaction involving
you and BODi, whether in contract, warranty, misrepresentation, fraud, tort,
intentional tort, statute, regulation, ordinance, or any other legal or
equitable basis, and shall be interpreted to be given the broadest meaning
allowable under law. YOU AND BODi AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS
SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR BODi FOR (i) TRADE
SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT
OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover,
notwithstanding anything else in these Terms, you agree that a court, not the
arbitrator, shall decide if a claim falls within one of these four exceptions.

B. Binding Arbitration. You and BODi further agree: (i) to arbitrate all
Disputes between the parties pursuant to the provisions in these Terms; (ii)
these Terms memorialize a transaction in interstate commerce; (iii) the Federal
Arbitration Act (9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or
territorial Arbitration Act in Canada governs the interpretation and enforcement
of this Section; and (iv) this Section shall survive termination of these Terms.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT
PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you
the same damages and relief as a court sitting in proper jurisdiction could, and
may award declaratory or injunctive relief. In addition, in some instances, the
costs of arbitration could exceed the costs of litigation and the right to
discovery may be more limited in arbitration than in court. The decision of the
arbitrator shall be final and enforceable by any court with jurisdiction over
the parties.

C. Small Claims Court. Notwithstanding the foregoing, you may bring an
individual action in the small claims court of your state, municipality,
province or territory if the action is within that court’s jurisdiction and is
pending only in that court.

D. Dispute Notice. In the event of a Dispute, you or BODi must first send to
the other party a notice of the Dispute that shall include a written statement
that sets forth the name, address and contact information of the party giving
it, the facts giving rise to the Dispute, and the relief requested (the “Dispute
Notice”). The Dispute Notice to BODi must be addressed to: Beachbody, LLC, dba
BODi 400 Continental Blvd., Suite 400, El Segundo, CA 90245, U.S.A., Attn.:
Chief Legal Officer (the “BODi Notice Address”). The Dispute Notice to you will
be sent by certified mail to the most recent address we have on file or
otherwise in our records for you. If BODi and you do not reach an agreement to
resolve the Dispute within sixty (60) days after the Dispute Notice is received,
you or BODi may commence an arbitration proceeding pursuant to this Section.
Following submission and receipt of the Dispute Notice, each of us agrees to act
in good faith to seek to resolve the Dispute before commencing arbitration.

E. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND BODi AGREE THAT
EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL, STATE OR
PROVINCIAL CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE
ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE
OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL
AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, YOU AND BODi AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF
CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

Arbitration Procedure. If a party elects to commence arbitration, the
arbitration shall be governed by: in the U.S., the rules of JAMS that are in
effect at the time the arbitration is initiated (the “JAMS Rules”), available at
http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set
forth in these Terms, or in Canada, ADR Chambers Arbitration Rules (copies of
the ADR Chambers Arbitration Rules may be downloaded at:
https://adrchambers.com/arbitration/rules/

F. except that JAMS or ADR Chambers, as applicable, may not administer any
multiple claimant or class arbitration, as the parties agree that the
arbitration shall be limited to the resolution only of individual claims. If
there is a conflict between the JAMS Rules or ADR Chambers Rules, as applicable,
and the rules set forth in these Terms, the rules set forth in these Terms shall
govern. You may, in arbitration, seek any and all remedies otherwise available
to you pursuant to federal, state, provincial, territorial, or local laws. All
Disputes shall be resolved by a single neutral arbitrator, and both parties
shall have a reasonable opportunity to participate in the selection of the
arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator,
and not any federal, state, provincial, territorial or local court or agency,
shall have exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability or formation of
these Terms, including, but not limited to, any claim that all or any part of
these Terms is void or voidable. Notwithstanding this broad delegation of
authority to the arbitrator, a court shall determine the limited question of
whether a claim or cause of action is for (i) trade secret misappropriation,
(ii) patent infringement, (iii) copyright infringement or misuse, or (iv)
trademark infringement or dilution, which are excluded from the definition of
“Disputes” as stated above. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or in equity. The arbitrator’s
award shall be binding on the parties and may be entered as a judgment in any
court of competent jurisdiction. You may choose to engage in arbitration
hearings by telephone. Arbitration hearings not conducted by telephone shall
take place in a location reasonably accessible from your primary residence, or
in the U.S. in Los Angeles County, California or in Canada in Ottawa, Canada, at
your option.

G. Initiation of Arbitration Proceeding. If either you or BODi decide to
arbitrate a Dispute, we agree to the following procedure:

i. Write a Demand or Notice:

1. If in the U.S., write a Demand for Arbitration. The demand must include a
description of the Dispute and the amount of damages sought to be recovered. You
can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand
for Arbitration”).

If in Canada, write a Notice to Arbitrate. The notice must include a description
of the Dispute and the relief sought to be recovered. You can find a sample of a
Notice to Arbitrate at: https://adrchambers.com/arbitration/

2. (“Notice to Arbitrate”).

ii. Send three copies of the Demand for
Arbitration or Notice to Arbitrate, plus the appropriate filing fee, to:

In the U.S.:

JAMS

707 Wilshire Blvd

46th Floor

Los Angeles, CA 90017, U.S.A.

In Canada:

ADR Chambers

180 Duncan Mill Road, 4th Fl.

Toronto, ON

M3B 1Z6

iii. Send one copy of the Demand for Arbitration
or Notice to Arbitrate to the other party at the same address as the Dispute
Notice, or as otherwise agreed to by the parties.

H. Hearing Format. In all hearing formats, the arbitrator shall issue a
written decision that explains the essential findings and conclusions on which
an award, if any, is based. During the arbitration, the amount of any settlement
offer made by BODi, or you shall not be disclosed to the arbitrator until after
the arbitrator determines the amount, if any, to which you or BODi is entitled.
The discovery or exchange of non-privileged information relevant to the Dispute
may be allowed during the arbitration.

I. Arbitration Fees. BODi shall pay, or (if applicable) reimburse you for,
all JAMS or ADR Chambers (as applicable) filing, administration, and arbitrator
fees for any arbitration commenced (by you or BODi) pursuant to provisions of
these Terms. You are responsible for all additional costs that you incur in the
arbitration, including without limitation, fees for attorneys or expert
witnesses.

J. Opt-out. You may elect to opt-out (exclude yourself) from the final,
binding individual arbitration procedure and waiver of class and representative
proceedings specified in these Terms by sending a written letter to the BODi
Notice Address within thirty (30) days of your initial assent to these Terms
(including your first purchase of any BODi Service or use of our websites) that
specifies: (i) your name; (ii) your mailing address; and (iii) your request to
be excluded from the final, binding individual arbitration procedure and waiver
of class and representative proceedings specified in this Section. In the event
that you opt-out consistent with the procedure set forth above, all other terms
shall continue to apply.

K. Amendments to this Section. Notwithstanding any provision in these Terms
to the contrary, you and BODi agree that if BODi makes any future amendments to
the dispute resolution procedure and class action waiver provisions (other than
a change to BODi’s address) in these Terms, BODi will notify you and you will
have thirty (30) days from the date of notice to affirmatively opt-out of any
such amendments by sending a written letter to the BODi Notice Address within
thirty (30) days of BODi’s notification that specifies: (i) your name; (ii) your
mailing address; and (iii) your request to opt-out of such amendments. If you
affirmatively opt-out of any future amendments, you are agreeing that you will
arbitrate any Dispute between us in accordance with the language of this Section
as stated in these current Terms, without any of the proposed amendments
governing. If you do not affirmatively opt-out of any future amendments, you
will be deemed to have consented to any such future amendments.

L. Severability. If any provision in this Section is found to be
unenforceable, that provision shall be severed with the remainder of these Terms
remaining in full force and effect. The foregoing shall not apply to the
prohibition against class or representative actions; if the prohibition against
class or representative actions is found to be unenforceable, this entire
Section shall be null and void. The terms of this Section shall otherwise
survive any termination of these Terms.

M. Exclusive Venue for Other Controversies. BODi and you agree that any
controversy excluded from the dispute resolution procedure and class action
waiver provisions in this Section (other than an individual action filed in
small claims court) shall be filed only in the Superior Court of Los Angeles
County, California, or the United States District Court for the Central District
of California, and each party hereby irrevocably and unconditionally consents
and submits to the exclusive jurisdiction of such courts for any such
controversy.

10. Indemnification; Limitation of Liability.

A. Indemnification. You agree to indemnify and hold BODi, its parents,
subsidiaries, affiliates, shareholders, officers, directors, employees, agents,
and suppliers harmless from and against any claim, action, demand, loss, suit,
or damages (including attorneys' fees) made or incurred by any third party
arising out of or relating to your improper use of any BODi Services, your
violation of these Terms, or your violation of any rights of a third party.

B. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL BODi, BEACHBODY, LLC, dba BODi, TEAM BEACHBODY CANADA LP, dba BODi
Canada, OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES, OR ANY OF
THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY
INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR
OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH
DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO BODi OR ITS SERVICE PROVIDERS,
LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY
BODi SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES
ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR
FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF BODi AND ITS SERVICE
PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO BODi
FOR ANY BODi SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A
REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN BODi AND YOU. THE BODi SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. BODi WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION
UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN
CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL
UNREST OR WAR.

11. Miscellaneous.

A. Governing Law. For U.S. residents, you agree that the laws of the State
of California, without regard to principles of conflict of laws, will
exclusively govern these Terms and Conditions and any Dispute between you and
BODi. For U.S. residents, as the BODi Services are controlled by BODi from
California, California law will apply regardless of your residence or the
location where you use BODi Services.

B. Submissions and Unsolicited Ideas Policies. BODi is constantly developing
new products, from fitness, to healthy supplements, to online applications, and
more. Although we typically develop programs internally, we understand some
people may be interested in submitting their ideas for possible development and
marketing within the BODi business model. Please note only those programs,
products and ideas which promise to uphold, if not improve, on our standards and
reputation for premium and innovative products may be considered for our brand
portfolio. Since we are constantly working on dozens of new projects at any one
time, and also provided with many overlapping ideas by individuals outside BODi,
we cannot sign non-disclosure agreements to review any submissions or for follow
up conversations, or promise that any ideas or products you submit are not
already being developed by us. In connection with anything you submit to us –
whether or not solicited by us – you agree that creative ideas, suggestions or
other materials you submit are not being made in confidence or trust and that no
confidential or fiduciary relationship is intended or created between you and us
in any way, and that you have no expectation of review, compensation or
consideration of any type. If you agree with these Terms and believe your new
product, program or idea will fit within our exclusive brand portfolio, you may
send your ideas, product samples, training videos, or program demonstration
submissions by following the instructions at www.BeachbodySubmissions.com.

C. International Users. Our websites are controlled, operated, and
administered by BODi from its offices within the United States of America. BODi
makes no representation or warranty that the materials contained within the BODi
Services are appropriate or available for use at locations outside of the United
States, and access to them from territories where the contents or products
available through the BODi Services are illegal is prohibited. You may not use
the BODi Services or export the BODi Services in violation of U.S. export laws
and regulations. If you access the BODi Services from a location outside of the
United States, you are responsible for compliance with any and all local laws,
rules, regulations, and ordinances.

D. Notices. All notices required or permitted to be given under these Terms
must be in writing. BODi may provide you notice by sending you an e-mail to the
address on file with us, which you agree electronically satisfies any legal
requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF
ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH BODi IS ACCURATE AND CURRENT, AND
NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY BODi OF AN EMAIL TO
THAT ADDRESS. You shall give any notice to BODi by means of U.S. mail, postage
prepaid, to Beachbody, LLC, dba BODi, 400 Continental Blvd., Suite 400, El
Segundo, CA 90245, Attn: Legal Department. Such notice to BODi shall be
effective upon receipt of notice by BODi.

E. Severability. If any provision of these Terms (except for Section 9), or
a part thereof, shall be unlawful, void or for any reason unenforceable, then
that provision or part thereof shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions or
parts thereof.

F. Suspension; Termination. Notwithstanding anything to the contrary in
these Terms, BODi may, in its sole and absolute discretion, suspend, disable,
block, or terminate your access and use of any BODi Services (including without
limitation, deleting your account(s) or any part thereof), or block, remove or
delete any User Generated Content that you submitted, for any lawful reason,
including if BODi determines in its discretion that you violated these Terms
(such as and including by way of example, to the extent your conduct or User
Generated Content violates these Terms or could damage BODi’s reputation or
goodwill). If BODi suspends, disables, blocks, terminates or deletes your
account, you may not re-register for or use the BODi Services under any other
login or profile. BODi may block your access to the BODi Services to prevent
re-⁠registration. You agree that BODi will not be liable for any interruption or
termination of your access and/or use of the BODi Services.

G. No Third-Party Beneficiaries. Except as set forth in these Terms, only you
and BODi may enforce these Terms; no third party shall be entitled to enforce
these Terms.

H. Survival. The provisions of these Terms which by their nature should
survive the termination of these Terms shall survive such termination.

I. Waiver. No waiver of any provision of these Terms by us shall be deemed
a further or continuing waiver of such provision or any other provision, and our
failure to assert any right or provision under these Terms shall not constitute
a waiver of such right or provision. Any waiver must be in writing signed by the
Chief Legal Officer of BODi in order to be effective.

J. Assignment. BODi may assign these Terms to any person or entity at any
time, for any reason, with or without notice to you.

K. Amendments; Entire Agreement. These Terms may not be amended unless in a
signed writing by the Chief Legal Officer of BODi. These Terms constitute the
final, exclusive and complete agreement between you and BODi regarding the
subject matter hereof and supersede all agreements, communications and course of
dealings between you and BODi.

L. Language. It is the express intent of the parties that these Terms and
all related documents have been drafted in English (in the case of English
versions) and French (in the case of French versions).

BUYER’S RIGHT TO CANCEL

You may cancel this contract from the day you enter into the contract until 10
days after you receive a copy of the contract. You do not need a reason to
cancel.

If you do not receive the goods or services within 30 days of the date stated in
the contract, you may cancel this contract within one year of the contract date.
You lose that right if you accept delivery after the 30 days. There are other
grounds for extended cancellation. For more information, you may contact your
provincial/territorial consumer affairs office.

If you cancel this contract, the seller has 15 days to refund your money and any
trade-in, or the cash value of the trade-in. You must then return the goods.

To cancel, you must give notice of cancellation at the address in this contract.
You must give notice of cancellation by a method that will allow you to prove
that you gave notice, including registered mail, fax or by personal delivery.

FOR MANITOBA CONTRACTS: Address for notice: c/o Thomas W. Turner, 2500 – 360
Main Street, Winnipeg, MB, R3C 4H6.

FOR NOVA SCOTIA CONTRACTS: Address for notice: c/o Team Beachbody Canada Limited
Partnership, dba BODi Canada, 102 Chain Lake Drive, Suite 228, Halifax, NS, B3S
1A7.

DROIT DE RÉSILIATION DE L’ACHETEUR

Vous pouvez résilier le présent contrat à compter de la date de conclusion du
contrat, et ce, pendant une période de 10 jours après la réception d’une copie
du contrat. Vous n’avez pas besoin de donner une raison pour résilier le
contrat.

Si vous ne recevez pas le bien ou le service au cours des 30 jours qui suivent
la date indiquée dans le contrat, vous avez un an, à compter de la date du
contrat, pour résilier le contrat. Toutefois, vous perdez ce droit de
résiliation si vous acceptez la livraison après la période de 30 jours. Le droit
de résiliation peut être prolongé pour d’autres raisons. Pour de plus amples
renseignements, communiquez avec votre bureau provin-cial/territorial de la
consommation.

Si vous résiliez le présent contrat, le vendeur doit, dans les 15 jours qui
suivent, vous rembourser toute somme que vous lui avez versée et vous remettre
tout bien qu’il a pris en échange ou la somme correspondant à la valeur de ce
dernier. Vous devez alors retourner le bien acheté.

Pour résilier le présent contrat, il vous suit de donner un avis de résiliation
à l’adresse mentionnée dans ce contrat. L’avis doit être donné par un moyen qui
vous permet de prouver que l’avis a réellement été donné, y compris par courrier
recommandé, télécopieur ou remise en personne.

FOR BRITISH COLUMBIA CONTRACTS ONLY: CONSUMER'S RIGHT TO CANCEL

This is a contract to which the Business Practices and Consumer Protection Act
applies.

You may cancel this contract from the day you enter the contract until 10 days
after you receive a copy of the contract. You do not need a reason to cancel.

If you cancel this contract, the seller has 15 days to refund your money and any
trade-in, or the cash value of the trade-in. You must then return the goods.

If you send the notice of cancellation by mail, facsimile or electronic mail, it
doesn’t matter if the seller receives the notice within the required period as
long as you sent it within the required period.

FOR ONTARIO CONTRACTS ONLY: YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002

You may cancel this agreement at any time during the period that ends ten (10)
days after the day you receive a written copy of the agreement. You do not need
to give the supplier a reason for cancelling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date
specified in this agreement or if the supplier does not begin performance of
his, her or its obligations within 30 days after the commencement date specified
in this agreement, you may cancel this agreement at any time before delivery or
commencement of performance. You lose the right to cancel if, after the 30-day
period has expired, you agree to accept delivery or authorize commencement of
performance.

If the delivery date or commencement date is not specified in this agreement and
the supplier does not deliver or commence performance within 30 days after the
date this agreement is entered into, you may cancel this agreement at any time
before delivery or commencement of performance. You lose the right to cancel if,
after the 30-day period has expired, you agree to accept delivery or authorize
commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement.
You may also have other rights, duties and remedies at law. For more
information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier,
at the address set out in the agreement, by any means that allows you to prove
the date on which you gave notice. If no address is set out in the agreement,
use any address of the supplier that is on record with the Government of Ontario
or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any
payment you have made and return to you all goods delivered under a trade-in
arrangement (or refund an amount equal to the trade-in allowance).

However, if you cancel this agreement after having solicited the goods or
services from the supplier and having requested that delivery be made or
performance be commenced within ten (10) days after the date this agreement is
entered into, the supplier is entitled to reasonable compensation for the goods
and services that you received before the earlier of the 11th day after the date
this agreement was entered into and the date on which you gave notice of
cancellation to the supplier, except goods that can be repossessed by or
returned to the supplier.

If the supplier requests in writing repossession of any goods that came into
your possession under the agreement, you must return the goods to the supplier’s
address, or allow one of the following persons to repossess the goods at your
address: the supplier, a person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that
came into your possession under the agreement until one of the following
happens:

- The supplier repossesses the goods.

- The supplier has been given a reasonable opportunity to repossess the
goods and twenty-one (21) days have passed since the agreement was cancelled.

- You return the goods.

- The supplier directs you in writing to destroy the goods and you do so
in accordance with the supplier’s instructions.

FOR QUEBEC CONTRACTS ONLY:

Une version française de cette entente est disponible / French version of this
agreement is available

Je déclare comprendre les termes de cette entente dans sa version anglaise et je
consens à ce qu’elle soit rédigée en anglais / I hereby declare that I
understand the terms of this agreement in its English version and I consent that
it is written in English.

STATEMENT OF CONSUMER CANCELLATION RIGHTS

(Consumer Protection Act, Section 58)

You may cancel this contract for any reason within 10 days after you receive a
copy of the contract along with the other required documents.

If you do not receive the goods or services within 30 days of the date stated in
the contract, you may cancel the contract within one year. You lose that right
if you accept delivery after the 30 days. There are other grounds for an
extension of the cancellation period to one year, for example if the itinerant
merchant does not hold a permit or has not provided the required security at the
time the contract is made, if the goods are never delivered or the services
never performed, or if the contract is incorrectly made or worded. For more
information, you may seek legal advice or contact the Office de la protection du
consommateur.

If you cancel the contract, the itinerant merchant must refund all amounts you
have paid, and return to you the goods received in payment, as a trade-in or on
account; if the merchant is unable to return the goods, you are entitled to
receive an amount of money corresponding to the value indicated in the contract
or the cash value of the goods, within 15 days of cancellation. You also have 15
days to return to the merchant any goods you received from the merchant.

To cancel, you must return the items received from the merchant to the merchant
or the merchant's representative, send the merchant the cancellation form
printed below, or send the merchant written notice of cancellation. The form or
written notice must be sent to the merchant or the merchant's representative at
the address indicated on the form, or at any other address indicated in the
contract. You must give notice of cancellation by personal delivery or by any
other method that will allow you to prove that you gave notice, including
registered mail, E-mail, fax and courier.

You may obtain the Quebec Cancellation Form by calling Customer Service at (800)
804-4333 or clicking here for English or here for French.

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*These statements have not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure, or prevent any disease.

‡Compared to buying each item separately.

†Results vary depending on starting point and effort. Exercise and proper diet
are necessary to achieve and maintain weight loss and muscle definition. The
testimonials featured may have used more than one BODi product or extended the
program to achieve their maximum results.

Consult your physician and follow all safety instructions before beginning any
exercise program or nutrition plan, or using any supplement or meal replacement
product, especially if you are pregnant, breastfeeding, have any medical
condition, or are taking any medication. The contents on our website are for
informational purposes only, and are not intended to diagnose any medical
condition, replace the advice of a healthcare professional, or provide any
medical advice, diagnosis, or treatment.

Distributed in the US by Beachbody, LLC, 400 Continental Blvd., Suite 400, El
Segundo, CA 90245.

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