Terms and Conditions

BURNS GYM TERMS AND CONDITIONS

1.INTRODUCTION & AGREEMENT TO TERMS

These Terms and Conditions (“Terms”) are a legally binding agreement between you and:

Burns Gym Ltd, a company incorporated and registered in the United Kingdom, having its registered office at Central Chambers Building, 93 Hope Street, 5th Floor, Suite 406/407, Glasgow, United Kingdom; and
Burns Gym LLC, a limited liability company organized and existing under the laws of the State of Delaware, United States, with its principal business office at 8 The Green, Suite B, Dover, Delaware 19901, United States.

Collectively, Burns Gym Ltd and Burns Gym LLC are referred to in these Terms as “Burns Gym,” “we,” “our,” or “us.”

These Terms govern your access to and use of the following services operated jointly by Burns Gym. The Burns Gym website, available at www.burnsgym.com (the “Website”), the Age with Vitality online platform, which provides fitness and wellness content, exercise programs, and resources designed for older adults, care home residents, and organizational staff (the “Platform”), and Age with Vitality Live Workouts, which are online, live-streamed exercise sessions delivered to participating organizations via remote video technology (the “Live Workouts”). Together, the Website, the Platform, and the Live Workouts are referred to as the “Services.”

By accessing, registering for, or using any of the Services, you (the “Organization,” “Facility,” or “you”) confirm that you have read and understood these Terms, agree to be legally bound by them, and represent and warrant that you have the authority to enter into these Terms on behalf of the organization, facility, or care home you represent. If you do not agree to these Terms, you must not use the Services.

Use of the Services is strictly limited to organizational entities such as care homes, assisted living facilities, or other approved partners. Direct use of the Services by individual consumers or residents outside of an organizational arrangement is not permitted.

Burns Gym reserves the right to amend, update, or revise these Terms from time to time in its sole discretion. When material changes are made, we will provide notice of such changes by posting the updated Terms on the Website or Platform, and update the “Last Updated” date at the top of these Terms. Where required by law, we will also notify you directly (e.g., by email to your registered contact address) before material changes take effect.

Continued use of the Services after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree with any revised Terms, your sole remedy is to discontinue use of the Services.

2.DEFINITIONS

For purposes of these Terms, the following definitions shall apply. Words used in the singular include the plural, and words in the plural include the singular, unless the context clearly requires otherwise.

2.1 Company / We / Us: “Burns Gym,” “Company,” “we,” “our,” or “us” means, collectively:

Burns Gym Ltd, a company incorporated and registered in the United Kingdom, with its registered office at Central Chambers Building, 93 Hope Street, 5th Floor, Suite 406/407, Glasgow, United Kingdom; and
Burns Gym LLC, a limited liability company organized under the laws of the State of Delaware, United States, with its principal business office at 8 The Green, Suite B, Dover, Delaware 19901, United States.

Both entities operate jointly under the trade name “Burns Gym.”

2.2 You / Your (Care Homes, Facilities, or Organizations): “You” or “your” means the care home, assisted living facility, nursing home, healthcare organization, or other approved institutional entity that has registered for, purchased, or otherwise uses the Services, including any of its authorized staff, employees, or representatives acting on its behalf.

For clarity:

These Terms do not grant direct rights of use to individual residents outside of their facility’s organizational arrangement.
The facility or organization is fully responsible for ensuring that its staff and representatives comply with these Terms when accessing or administering the Services.

2.3 Residents means the older adults, patients, or care home participants under your supervision who access or use the Services through your organization. Residents are considered end-users of the Services but are not parties to these Terms; instead, the facility or organization contracting with Burns Gym assumes full responsibility for the participation of residents.

2.4 Platform means the proprietary Age with Vitality online platform operated by Burns Gym, which provides fitness and wellness resources, including but not limited to exercise videos, training modules, assessment tools, and related written or audiovisual materials, made available to participating organizations and their staff for supervised use by Residents.

2.5 Website means the Burns Gym website located at www.burnsgym.com

3.ELIGIBILITY & ORGANISATIONAL USE

3.1 Organizational-Only Access

The Services are intended solely for use by organizational entities, including but not limited to care homes, assisted living facilities, nursing homes, retirement communities, and other approved institutional partners.

Registration, subscription, and access rights are granted only to such organizations, and not to individual residents or members of the general public. By registering or using the Services, you represent and warrant that you are an authorized representative of a qualifying organization and have the legal capacity to bind that organization to these Terms.

3.2 Staff Authority & Responsibility

Only staff members, employees, contractors, or other authorized representatives of the organization may be permitted to access and administer the Services. The organization is solely responsible for ensuring that its authorized staff receive appropriate training, have the necessary authority, and are properly supervised to use the Services.

The organization assumes full liability for any acts, omissions, or misuse of the Services by its staff, employees, or representatives. Burns Gym shall not be liable for unauthorized use or misuse of the Services by persons accessing them through your organization’s credentials.

3.3 Supervision of Residents

The Services are designed for use by Residents under the supervision and control of the organization’s staff. Staff members must ensure that Residents participating in exercises, workouts, or activities are adequately supervised at all times.

The organization is responsible for confirming that participation is appropriate for each Resident, considering their health conditions, mobility, and medical guidance. Burns Gym does not provide medical supervision or individualized clinical oversight, and expressly relies on the organization to manage safe participation by Residents.

3.4 Restrictions on Direct Consumer/Resident Access

The Services are not designed or licensed for direct use by Residents or individual consumers outside of an organizational arrangement. Accordingly, Residents may not create personal accounts, register directly with Burns Gym, or otherwise access the Services independently.

Any attempt by individual Residents to register or access the Services directly is prohibited and may result in suspension or termination of organizational access. The organization shall be responsible for ensuring that Residents only access the Services in accordance with these Terms and under the supervision of appropriate staff.

4. DESCRIPTION OF SERVICES

4.1 Age with Vitality Online Platform

The Age with Vitality Online Platform is a proprietary digital service designed to support the health, fitness, and wellness of older adults, including residents of care homes, assisted living facilities, and similar organizations. The Platform provides access to exercise videos, wellness guides, assessments, and related materials curated specifically for older adults.

Content is provided in a general, non-medical format and is intended for wellness and fitness purposes only. The Platform is accessible only by registered organizational accounts and may be used exclusively by authorized staff on behalf of Residents. All use of the Platform must be consistent with these Terms, including the disclaimers and supervision obligations set forth herein.

4.2 Age with Vitality Live Online Workouts

The Live Online Workouts are real-time, interactive exercise sessions conducted by Burns Gym instructors via remote video conferencing technology (e.g., Zoom or comparable platforms). Live sessions are scheduled at times designated by Burns Gym and communicated to registered organizations.

Participation in Live Workouts requires organizations to ensure adequate staff supervision of Residents and compliance with all safety guidelines provided by Burns Gym. Burns Gym does not monitor or control the physical environment in which Residents participate and assumes no liability for injuries or incidents arising from unsafe facilities, lack of supervision, or failure to follow instructions.

4.3 Pre-Recorded Content

Burns Gym also provides access to pre-recorded exercise sessions and instructional content that can be streamed on demand by authorized staff. Pre-recorded materials are intended to supplement, not replace, live or supervised sessions.

Organizations must ensure that Residents using pre-recorded content are monitored and that exercises are appropriate for their health conditions. Pre-recorded content may be updated, replaced, or retired at Burns Gym’s discretion without prior notice.

4.4 Service Availability (Geographic and Technical Limits)

The Services are made available subject to the following geographic and technical limitations:

Geographic Scope: The Services are currently offered to organizations located in the United Kingdom and the United States. Burns Gym makes no representation that the Services are available or appropriate in other jurisdictions, and access may be restricted in regions where prohibited by law.
Internet and Equipment Requirements: Access to the Services requires a reliable internet connection, suitable hardware (such as a computer, tablet, or television), and updated software. The organization is solely responsible for providing and maintaining the necessary equipment and connectivity.
Downtime and Maintenance: Burns Gym strives to provide reliable Services but does not guarantee uninterrupted or error-free availability. Temporary suspensions may occur due to maintenance, updates, technical issues, or circumstances beyond Burns Gym’s control (see Force Majeure).
Third-Party Platforms: Live Workouts and portions of the Platform may rely on third-party services (such as Zoom or video hosting providers). Burns Gym is not responsible for outages, errors, or limitations caused by such third-party platforms.

5.ACCOUNT REGISTRATION & SECURITY

5.1 Account Creation by Organizations

To access the Services, your organization must complete the registration process and create an organizational account with Burns Gym. Registration requires the submission of accurate and complete information, including a designated organizational contact person.

By creating an account, you represent and warrant that you are authorized to act on behalf of your organization and to bind it to these Terms. Burns Gym reserves the right to approve, deny, or revoke account registration at its sole discretion.

5.2 User Credentials & Confidentiality

Upon successful registration, your organization will receive login credentials (e.g., username and password) for account access. All credentials are deemed confidential information of Burns Gym and may only be used for the purpose of accessing the Services in compliance with these Terms.

Your organization is responsible for maintaining the confidentiality of all credentials and for ensuring they are not disclosed to unauthorized persons. Burns Gym is not liable for any loss, damage, or liability arising from unauthorized access caused by your failure to maintain the confidentiality and security of credentials.

5.3 Prohibition on Copying or Demonstration
All components of the Burns Gym and Age with Vitality systems are confidential and proprietary. Care homes and staff must not reproduce, record, photograph, or display the platform or its materials to anyone outside their registered facility without written permission from Burns Gym.

5.4 Authorized Staff Access Only

Access to and use of the Services is limited to staff, employees, contractors, or other authorized representatives of your organization. Only personnel who have been trained, instructed, or otherwise authorized by your organization may use the Services on behalf of Residents.

Your organization assumes full responsibility for the actions, omissions, and compliance of all authorized staff when using the Services. Any use of the Services by individuals outside of your organization, including Residents or members of the public, is strictly prohibited.

5.5 Misuse & Unauthorized Access Prohibited

You agree not to, and shall not permit any staff or Resident to share login credentials with unauthorized individuals, circumvent or attempt to circumvent any security features of the Services, access, or attempt to access, any portion of the Services without proper authorization, use the Services in a manner that could damage, disable, overburden, or impair Burns Gym’s systems; or introduce viruses, malware, or other harmful code into the Services.

Burns Gym reserves the right to immediately suspend or terminate your organization’s access if we reasonably suspect unauthorized use, misuse, or breach of security.

6. FEES, PAYMENTS & RENEWALS

6.1 Pricing & Payment Terms
All fees for the Services are set forth in your organization’s order form, subscription agreement, or other written agreement with Burns Gym. Fees are payable in U.S. Dollars (USD) or British Pounds (GBP), as specified at the time of purchase. Payment obligations are non-cancellable and, except as expressly provided in these Terms, fees paid are non-refundable.

Burns Gym may review and adjust pricing periodically to reflect operational costs, inflation, or service enhancements. Any change in pricing will apply only to future billing periods and will be communicated to the Client at least 30 days in advance. Continued use of the Services after the notice period constitutes acceptance of the new pricing.

6.2 Invoicing & Accepted Payment Methods
Burns Gym may issue invoices on a monthly, quarterly, or annual basis, depending on your selected subscription plan. Accepted payment methods include credit card, debit card, bank transfer, or other payment methods approved by Burns Gym. Payment is due upon receipt of the invoice, unless otherwise specified in a separate written agreement.

6.3 Renewal and Cancellation
Services operate on a rolling monthly basis. Burns Gym invoices at the end of each month for services already delivered, with payment due within 30 days of the invoice date (net 30).

A care home may cancel at any time. Cancellation takes effect at the end of the current month, and the final invoice will cover services delivered up to that date.

7.HEALTH & EXERCISE DISCLAIMER

7.1 General Advice Only (Not Medical/Clinical Services)

The Services, including all content, programs, assessments, live sessions, and pre-recorded materials, are provided for general fitness and wellness purposes only. Burns Gym is not a medical provider and does not deliver clinical, therapeutic, or diagnostic services.

The exercises, programs, and materials available through the Services are designed to promote general health and well-being; however, they are not a substitute for professional medical advice, diagnosis, or treatment. Nothing in the Services should be interpreted as individualized medical guidance or as a replacement for consultation with qualified healthcare professionals.

7.2 Consult Healthcare Professionals Before Participation

Prior to beginning or allowing Residents to participate in any exercise, wellness, or fitness activity offered through the Services, your organization must ensure that a licensed physician or qualified healthcare professional has confirmed that such participation is safe and appropriate for each Resident.

Participation is not recommended for any Resident with medical conditions, injuries, or physical limitations that could make exercise unsafe without proper medical clearance. Burns Gym expressly relies on your organization to obtain such medical clearance and to ensure Residents are medically suitable for participation.

7.3 Use at Your Own Risk

Participation in any exercise or wellness activity inherently carries the risk of physical injury, illness, or other adverse health events. By permitting Residents to participate, your organization acknowledges and agrees that all use of the Services is voluntary and undertaken at the sole risk of the organization and its Residents. Burns Gym shall not be liable for any injuries, accidents, illnesses, or other harms sustained by Residents, staff, or third parties arising from use of the Services.

7.4 Individual Differences & Adjustments

Every individual responds differently to physical activity. Results, outcomes, and abilities may vary based on age, health status, mobility, and other factors. Residents should be encouraged to listen to their bodies, proceed at their own pace, and avoid pushing beyond their comfort level.

Your organization is responsible for ensuring that staff make appropriate modifications or adjustments to exercises based on each Resident’s abilities and health conditions.

7.5 Supervision Requirements

Residents must not use the Services without proper staff supervision. Staff are responsible for monitoring Residents’ participation in all exercises, stopping participation immediately if a Resident shows signs of distress, discomfort, or potential injury, and ensuring exercises are carried out in a safe environment, free from hazards that may increase the risk of falls or injury.

Burns Gym instructors delivering Live Online Workouts cannot see or monitor each Resident individually and therefore cannot ensure correct performance or safety in real time.

Health conditions of Residents may change over time, and exercise suitability should be reassessed regularly. Your organization is responsible for ensuring periodic review of Residents’ health status by appropriate medical professionals.

Residents with new or worsening health conditions, injuries, or limitations should not participate until medically cleared.

8.ASSUMPTION OF RISK & WAIVER OF LIABILITY

8.1 Express Assumption of Risk by Facilities & Residents

Your organization expressly acknowledges and agrees that participation in physical exercise and wellness programs involves inherent risks, including but not limited to: falls, strains, sprains, cardiovascular events, respiratory issues, injuries due to improper execution of exercises, and other health-related complications.

By permitting Residents to use the Services, your organization voluntarily assumes all risks associated with such participation, whether known or unknown, anticipated or unanticipated. Your organization further agrees that it has communicated these risks to Residents and/or their legal guardians, and that participation occurs only with appropriate informed consent.

8.2.Waiver of Claims Against Burns Gym

To the fullest extent permitted by law, your organization, on behalf of itself, its staff, Residents, legal representatives, successors, and assigns, hereby waives, releases, and discharges Burns Gym Ltd, Burns Gym LLC, their affiliates, officers, employees, contractors, instructors, and agents (collectively, the “Released Parties”) from any and all claims, demands, actions, or causes of action arising out of or relating to participation by Residents in the Services, any injuries, illnesses, accidents, or adverse outcomes sustained during or after participation, and the use, misuse, or inability to use the Services, whether live, recorded, or otherwise.

This waiver applies regardless of whether such claims are based on negligence (other than gross negligence or willful misconduct), breach of contract, or any other legal theory.

8.3 Limitation of Liability (Direct, Indirect, Consequential)

In no event shall Burns Gym be liable to your organization, its staff, or Residents for any indirect, incidental, special, exemplary, or consequential damages, lost profits, business interruption, loss of goodwill, or data loss, or claims arising from third-party services, internet interruptions, or technical failures.

Burns Gym’s total aggregate liability for any and all claims arising under or relating to these Terms shall not exceed the total amount of fees actually paid by your organization to Burns Gym in the twelve (12) months preceding the claim.

8.4 Specific Disclaimers for Live Workouts (via Zoom or Other Platforms)

Burns Gym instructors conducting Live Online Workouts provide general group guidance only and cannot monitor each Resident individually. Burns Gym has no control over the physical conditions of the facilities where Residents participate (including flooring, furniture, equipment, or environmental safety).

Your organization is solely responsible for ensuring that Residents are properly positioned, supervised, and supported, have a safe environment free of hazards, and discontinue participation immediately if experiencing discomfort or distress. Burns Gym disclaims liability for any injuries or incidents occurring during Live Workouts due to environmental conditions, lack of supervision, or improper execution of exercises.

8.5 Specific Disclaimers for Online Platform

The Age with Vitality Online Platform provides pre-designed exercise videos, guides, and wellness content that must be adapted by staff to suit the individual needs of Residents. Burns Gym makes no representation that any particular exercise, activity, or program is suitable for every Resident.

Your organization is solely responsible for selecting appropriate content for each Resident, ensuring Residents are medically cleared and supervised, and adjusting exercises to accommodate individual limitations. Burns Gym disclaims liability for injuries, illnesses, or other adverse outcomes resulting from the misuse, misapplication, or unsupervised use of Platform content.

9.INDEMNIFICATION

9.1 Care Home/Organization Indemnity Obligations

Your organization agrees to indemnify, defend, and hold harmless Burns Gym Ltd, Burns Gym LLC, and their respective officers, directors, employees, instructors, contractors, affiliates, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to the use of the Services by your organization, its staff, or Residents, any violation of these Terms by your organization or its staff, or the negligence, misconduct, or omissions of your organization, its staff, or Residents in connection with use of the Services.

9.2.Third-Party Claims

Without limiting the generality of Section 9.1, your organization specifically agrees to indemnify and hold the Indemnified Parties harmless against claims brought by Residents, family members, legal guardians, government authorities, or other third parties arising from or related to any injury, illness, accident, or adverse health outcome suffered by a Resident during or after participation in the Services, improper, unsafe, or unauthorized use of the Services, including failure to provide required supervision or medical clearance, inaccurate, incomplete, or unauthorized entry of Resident data into the Platform or Website, including violations of privacy or data protection obligations by your organization, and any breach by your organization of applicable health, safety, privacy, or data protection laws in connection with use of the Services.

9.3 Costs & Legal Defense Coverage

Your indemnity obligations include the duty to reimburse the Indemnified Parties for all costs incurred in investigating, defending, or settling any claim, including but not limited to attorneys’ fees, expert fees, litigation expenses, arbitration costs, and settlement amounts.

Burns Gym reserves the right, at its sole discretion, to assume the exclusive defense and control of any claim subject to indemnification. In such event, your organization shall continue to remain responsible for reimbursing all costs and providing full cooperation in the defense. Your organization may enter into no settlement of any indemnified claim without the prior written consent of Burns Gym.

10.INTELLECTUAL PROPERTY RIGHTS

10.1 Ownership of Content

All rights, title, and interest in and to the Services and all related content are and shall remain the exclusive property of Burns Gym Ltd and Burns Gym LLC, including without limitation to exercise videos, wellness guides, assessments, and instructional materials, platform and Website design, layout, structure, software, source code, and user interface, logos, branding, graphics, images, and audiovisual works, and all updates, modifications, enhancements, or derivative works thereof. Except as expressly set forth in these Terms, no ownership rights are transferred to your organization or any Resident.

10.2 Copyrights & Trademarks

All content copyright laws and treaties protect all content provided through the Services. “Burns Gym,” “Age with Vitality,” and all associated logos, marks, and trade dress are trademarks or service marks owned or licensed by Burns Gym.

Nothing in these Terms grants your organization any rights to use Burns Gym’s trademarks, logos, or branding without our prior written consent.

10.3 License Grant (Limited, Non-Exclusive, Non-Transferable)

Subject to your compliance with these Terms and timely payment of all applicable fees, Burns Gym grants your organization a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Platform, stream and display exercise videos and related content, and permit Residents to participate in Live Online Workouts and access pre-recorded content, strictly under the supervision of authorized staff.

This license is granted solely for your organization’s internal use with Residents and does not convey any rights of ownership.

10.4 Restrictions on Use

Your organization agrees not to, and shall not permit any staff, Resident, or third party to:

Copy, reproduce, modify, adapt, or create derivative works of the Services or any content, except as expressly permitted herein;
Distribute, transmit, publish, sublicense, sell, rent, lease, lend, or otherwise make the Services or content available to unauthorized third parties;
Record, capture, or redistribute any Live Online Workouts or pre-recorded content without Burns Gym’s prior written consent;
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform or Website;
Remove, alter, or obscure any copyright, trademark, or proprietary rights notices; or
Use Burns Gym’s trademarks, branding, or content in any way that implies an unauthorized affiliation, endorsement, or sponsorship.

Burns Gym reserves all rights not expressly granted under these Terms. Unauthorized use of the Services or content may result in suspension or termination of access, and may expose your organization to civil and/or criminal liability under applicable laws.

11.DATA ENTRY & USER RESPONSIBILITIES

11.1 Accuracy & Lawfulness of Resident Data

Your organization is solely responsible for ensuring that any information or data relating to Residents entered into the Services is complete, accurate, current, and lawful. You represent and warrant that you have obtained all necessary consents, authorizations, and permissions (including from Residents, their legal guardians, or healthcare providers, as applicable) prior to submitting Resident data into the Services.

Burns Gym does not verify the accuracy of Resident data and shall not be liable for errors, omissions, or inaccuracies in data entered by your organization or its staff.

11.2 Prohibition of Unlawful Use

You agree not to use the Services, and shall not permit any staff or Resident to use the Services, for any unlawful or prohibited purpose, including but not limited to:

Entering, uploading, transmitting, or storing any data that violates applicable laws, regulations, or third-party rights (including privacy, confidentiality, or intellectual property rights);
Using the Services in connection with any medical diagnosis, treatment, or clinical decision-making in violation of Section 7 (Health & Exercise Disclaimer);
Attempting to gain unauthorized access to the Services, servers, or networks;
Uploading or transmitting malicious code, viruses, worms, or any other harmful software;
Engaging in fraudulent, deceptive, or misleading practices when using the Services.

Any violation of this Section may result in immediate suspension or termination of your organization’s access to the Services, without refund, and may expose you to civil and/or criminal liability.

11.3 Security Obligations

Your organization is responsible for maintaining the security of all devices, networks, and systems used to access the Services, including ensuring appropriate firewalls, anti-virus protection, and access controls. You must promptly notify Burns Gym of any actual or suspected unauthorized access, breach of security, or misuse of account credentials.

Burns Gym will implement reasonable administrative, technical, and physical safeguards to protect the Services; however, your organization acknowledges and agrees that no system is completely secure and that Burns Gym is not responsible for unauthorized access resulting from your failure to comply with your security obligations.

12.DATA PROTECTION & PRIVACY

12.1 Compliance with UK GDPR & Data Protection Act 2018

Burns Gym Ltd complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 when processing personal data of individuals located in the United Kingdom. Your organization is responsible for ensuring that any Resident data shared with or entered into the Services complies with these laws, including obtaining valid consent where required.

Burns Gym acts as a “data controller” with respect to personal data it collects directly, and as a “data processor” with respect to Resident data entered by your organization, unless otherwise specified in a written agreement.

12.2 Compliance with U.S. State Privacy Laws

Burns Gym LLC complies with applicable U.S. state privacy laws, including but not limited to California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), and Utah Consumer Privacy Act (UCPA). These laws provide U.S. residents with certain rights, including the right to access, correct, delete, or restrict the sale or sharing of their personal information.

12.3 “Do Not Sell or Share My Information” Rights

Burns Gym does not sell personal information for monetary consideration. However, certain disclosures of Resident or staff information may be considered a “sale” or “sharing” under state privacy laws. Your organization and its Residents (through their legal guardians, where applicable) have the right to opt out of such sales or sharing.

Instructions for exercising these rights are provided in our “Do Not Sell or Share My Information” page, accessible via the Website.

12.4 Cross-Border Data Transfers (UK–U.S.)

Where Resident or staff personal data is transferred from the United Kingdom to the United States, Burns Gym may rely on the UK Extension to the EU–U.S. Data Privacy Framework or, where necessary, Standard Contractual Clauses (SCCs) approved by the UK Information Commissioner’s Office (ICO).

By using the Services, your organization acknowledges that personal data may be transferred internationally and consents to such transfers, subject to applicable safeguards.

12.5 HIPAA Disclaimer (Not a Business Associate)

Unless expressly set forth in a separate written Business Associate Agreement (“BAA”), Burns Gym is not a Business Associate under the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Services are not designed to store, transmit, or process protected health information (PHI) in compliance with HIPAA, and your organization agrees not to upload, transmit, or store PHI in the Services without a duly executed BAA in place.

Additional details on how Burns Gym collects, uses, and protects personal data are set forth in our Privacy Policy [link] and Cookie Policy [link].

These policies form part of and are incorporated by reference into these Terms. By using the Services, you acknowledge and agree to the practices described therein.

13.THIRD-PARTY TOOLS & INTEGRATIONS

13.1 Embedded Video & Analytics Providers

The Services may include access to or integration with third-party tools, applications, and platforms, such as video hosting services (e.g., Zoom, Vimeo, or comparable platforms) and analytics providers. These third-party services are used to deliver content, enable Live Online Workouts, improve performance, and provide usage insights.

Your organization acknowledges and agrees that Burns Gym does not control the availability, security, or practices of these third-party providers, and that continued use of their services may be subject to separate terms and conditions.

13.2 Consent Management for Cookies

The Website and Platform may use cookies, tags, scripts, and similar technologies provided by third-party vendors for analytics, performance monitoring, and service improvements. Non-essential cookies and tracking technologies will not be activated unless and until your organization or its authorized users have provided valid consent through our cookie consent banner or equivalent mechanism.

Your organization is responsible for ensuring that its staff and Residents are informed about and, where applicable, have consented to the use of cookies and similar technologies.

13.3 Disclaimer for Third-Party Data Practices

Burns Gym is not responsible or liable for the privacy, security, or data processing practices of any third-party providers outside of our direct control. Any data collected or processed by such third parties through embedded tools, cookies, or integrations is governed by the privacy policies of those third parties, not by Burns Gym.

Your organization assumes responsibility for reviewing and accepting such third-party terms and ensuring they are consistent with your organization’s own privacy obligations.

14. SERVICE AVAILABILITY & PERFORMANCE

14.1 No Guarantee of Error-Free or Uninterrupted Service

Burns Gym strives to maintain the reliable availability of the Services, but does not warrant or guarantee that the Services will be uninterrupted, secure, or error-free at all times. Temporary interruptions may occur due to internet connectivity issues, third-party platform failures (such as video conferencing providers), or other circumstances beyond our reasonable control.

Your organization acknowledges that such interruptions are inherent to internet-based services and agrees that Burns Gym shall not be liable for any damages, losses, or costs arising from such interruptions.

14.2 Maintenance & Downtime Notices

Burns Gym may perform scheduled or emergency maintenance, updates, or upgrades to the Services, which may result in temporary unavailability. Where reasonably practicable, Burns Gym will provide advance notice of planned maintenance through the Website, Platform, or by email to your organization’s designated contact.

Burns Gym reserves the right to modify or discontinue any aspect of the Services at its discretion, provided that material changes will not retroactively affect services already paid for without notice.

14.3 Force Majeure Events

Burns Gym shall not be held liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, or extreme weather events, epidemics, pandemics, or public health emergencies, war, terrorism, armed conflict, or civil unrest, strikes, labor disputes, or industrial actions, government orders, regulations, or restrictions, and failures of telecommunications, internet service providers, hosting providers, or third-party platforms.

In the event of a Force Majeure, Burns Gym’s obligations shall be suspended for the duration of the event, and Burns Gym shall use reasonable efforts to resume Services as soon as practicable.

15.TERMINATION & SUSPENSION

Burns Gym may suspend or terminate your organization’s access to the Services, in whole or in part, with immediate effect if:

You fail to pay any fees when due;
You or your staff materially breach these Terms;
You misuse the Services in a manner that jeopardizes the safety of Residents, violates law, or infringes Burns Gym’s intellectual property rights; or
You engage in fraud, misrepresentation, or other unlawful conduct in connection with the Services.

Burns Gym shall not be liable for any damages or costs arising from such suspension or termination.

Your organization may cancel its subscription or terminate its use of the Services at any time by providing written notice to Burns Gym at contact@burnsgym.com.

16.GOVERNING LAW & DISPUTE RESOLUTION

16.1 Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

If your organization is located in the United Kingdom, these Terms shall be additionally subject to mandatory provisions of the laws of Scotand, England and Wales to the extent such provisions cannot be waived by contract.

16.2 Binding Arbitration

Except as otherwise expressly provided in these Terms, any dispute or claim arising out of or relating to the Services, these Terms, or their breach shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or by JAMS under its Comprehensive Arbitration Rules, at Burns Gym’s election.

The arbitration shall be conducted by a single arbitrator experienced in commercial contract law and shall take place in Dover, Delaware, U.S.A., unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

16.3 Venue Selection

For any disputes that are not subject to arbitration (including actions to enforce arbitration awards or equitable relief), the exclusive jurisdiction and venue shall be the state and federal courts located in Kent County, Delaware, U.S.A. Your organization expressly consents to the personal jurisdiction of such courts and waives any objection to an inconvenient forum.

16.4 Class Action Waiver

To the fullest extent permitted by law, all disputes must be resolved on an individual basis. Neither your organization nor Burns Gym shall bring or participate in any class, collective, consolidated, or representative action or arbitration against the other party.

The arbitrator shall have no authority to consolidate claims or to preside over any form of class or representative proceeding.

To the extent any dispute proceeds in court rather than arbitration, the parties hereby waive their right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms.

17.MISCELLANEOUS PROVISIONS

17.1 Assignment & Transfer of Rights: Your organization may not assign, transfer, or delegate any of its rights or obligations under these Terms, whether by contract, operation of law, merger, or otherwise, without the prior written consent of Burns Gym. Any attempted assignment or transfer in violation of this section shall be null and void. Burns Gym may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

17.2 Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, “Do Not Sell or Share My Information” page, and any order form or written agreement executed between your organization and Burns Gym, constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous understandings, agreements, negotiations, and representations, whether written or oral.

17.3 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

17.4 No Waiver: No waiver of any right or remedy under these Terms shall be effective unless in writing and signed by the waiving party. A failure or delay by either party in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or privilege preclude any other or further exercise thereof.

17.5 Notices (Method and Timing of Delivery): All notices, requests, consents, demands, claims, waivers, and other communications under these Terms (“Notices”) shall be in writing and shall be deemed duly given when delivered personally to the recipient, when sent by a nationally recognized overnight courier service (with confirmation of delivery), when sent by registered or certified mail, return receipt requested, postage prepaid; or when sent by email to the contact email address most recently provided by the receiving party. Notices to Burns Gym must be directed to contact@burnsgym.com.

18.CONTACT INFORMATION

If you have any questions about these Terms, the Services, or your organization’s rights and obligations, you may contact Burns Gym using the details below:

U.K. Office

Burns Gym Ltd
Central Chambers Building
93 Hope Street, 5th Floor, Suite 406/407
Glasgow, United Kingdom

U.S. Office

Burns Gym LLC
8 The Green, Suite B
Dover, Delaware 19901
United States

General inquiries and legal notices may be sent to: contact@burnsgym.com

Cookie Policy

Terms and Conditions

Do Not Sell or Share My Information