Terms of Service

Last Modified: December 1, 2020 

These Terms of Service (these “Terms”) constitute an agreement between you, the user, and Hydra NY, Inc. and its subsidiaries and affiliates operating under the Hydra Studios brand (“Hydra Studios”, “we” or “us”). These Terms govern your access to and use of the website located at https://www.hydranewyork.com and related websites and desktop, mobile and other applications (the “Website”), including any content, functionality and services offered on or through the Website, your use of and attendance at Hydra Studios in-studio locations, your purchase of and registration for memberships, individual sessions and classes, your purchase of merchandise, your communication with Hydra Studios, and your access to and use of any of our other products or services (collectively, the “Services”), whether or not you register as a user.

Please read the Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://hydranewyork.com/pages/privacy-policy incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with Hydra Studios. If you do not meet these requirements, you must not access or use the Services.

You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.

Overview of the Services

Hydra Studios is a unique modern wellness studio providing consumers with private spaces to workout, refresh and recharge in a safe and pristine environment.

Changes to these Terms

We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. Prices for the Services are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain products and/or services may be available exclusively online through the Website.

We reserve the right, but are not obligated, to limit the sales of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any of the Services that we offer. We attempt to be as accurate as possible but cannot warrant that the Services descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. All descriptions of the Services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made on this site is void where prohibited.

Data Privacy and Personal Information

By agreeing to these Terms, you also consent to our Privacy Policy which is incorporated into these Terms. If you live outside the United States, by agreeing to these Terms you consent to the transfer and processing of your personal information in the United States in accordance with the Privacy Policy and U.S. law.

You should not submit or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public, other than in connection with the purchase of the Services in accordance with the Website. This information may be viewable by other members of the Hydra Studios community, may be searchable on indexing websites such as Google and may be disclosed to third parties under certain circumstances as provided in our Privacy Policy.

Hydra Studios disclaims all liability for the disclosure of information (including health information) that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.

You understand that your content (other than your payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

You agree that all information you provide to register with or use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To the extent that you provide any information, including but not limited to personal information, through the Services, or access or seek access to any such information through the Services, you represent, warrant and covenant that (i) you are providing or accessing only your own information or the information of others that you are authorized to provide to third parties, and you have all required consents and permissions required to share such information; (ii) the use of such information by Hydra Studios and its representatives and users will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; and (iii) you will not provide any information or otherwise use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.

Children’s Privacy

You must be at least 18 years old to use the Services. The Services are intended for adults and Hydra Studios does not knowingly collect personal information from children under age 13. If you submit content related to your child younger than 13, do not include personally identifying information about that child, including but not limited to name, address, email address and phone number.

International Users

Hydra Studios and the Services are operated from within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. Hydra Studios makes no claim that the content of the Services may be utilized, accessed or appropriated outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.

Memberships, Sessions and Classes

In order to make a reservation, you must first purchase a membership, a class, or a session, or a series of classes or sessions. To make a purchase online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to make a purchase and make your reservation. Hydra Studios may also use a third-party booking platform to allow users to make a reservation.

A membership permits you to use Hydra Studios’ premises, facilities, equipment and services, and your dues are in exchange for such access whether you use the facilities or not. A membership is subject to all current Hydra Studios policies, rules, terms, conditions and limitations. A membership gives you no rights in Hydra Studios, its management, ownership, property or operation. You assent to Hydra Studios assigning or transferring your membership in its sole discretion. You have no right to assign or transfer your membership.

Hydra Studios can sell memberships at different rates and terms than yours. Any special promotion membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at your home studio, unless otherwise provided by Hydra Studios. If you join Hydra Studios under an arrangement between your current employer and Hydra Studios, additional or alternative pricing, benefits, terms and conditions may apply to your membership, as agreed in the terms between your employer and Hydra Studios. Depending on the terms between your employer and Hydra Studios, your membership may automatically cancel once you leave your employment. If there is a conflict between these Terms and the terms between your employer and Hydra Studios, those terms between your employer and Hydra Studios will control. Contact your employer with any questions regarding any special terms that may apply to your corporate membership.

You are responsible for paying all amounts you incur during your membership that are not included in your membership, including without limitation fees for personal training sessions and other ancillary services, as well as purchases of retail or other items (collectively, “Ancillary Charges”). Payment for Ancillary Charges is due in full at the time of purchase, and Hydra Studios has no obligation to provide you with any ancillary service or good until it has received such payment. Pricing for all Ancillary Charges is in Hydra Studios’ discretion and may be prospectively modified by Hydra Studios at any time, with or without notice to you.

Your membership fees and Ancillary Charges are non-refundable and, unless otherwise expressly set forth herein, you will not receive a refund of any membership fees or Ancillary Charges as a result of membership cancellation or otherwise. From time to time Hydra Studios may provide you with certain complimentary or promotional items. Complimentary items have no cash value and you are not entitled to any refund or other amount for any complimentary item.

Hydra Studios reserves the right to take any lawful action in response to any past-due membership fees and/or Ancillary Charges, including, without limitation: (1) charging the payment information then on-file with Hydra Studios; (2) cancelling your membership or otherwise suspending your access to Hydra Studios until all past-due amounts are paid; (3) charging you interest on past-due amounts; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of Hydra Studios. You will be responsible for any collection and/or legal costs incurred by Hydra Studios in collecting any past-due amounts associated with your membership. Hydra Studios may charge you a $20 fee for each credit card charge or check that is dishonored or rejected as invalid. Please note that cancellation of your membership will not relieve you of your obligation to pay any past-due or outstanding amounts.

A membership can be frozen for verified medical reasons only at the time of illness, injury, or medical condition. A membership freeze will be limited to the time indicated as necessary by your physician, up to a maximum of three months. Your monthly membership fees will be automatically reinstated at the end of your freeze and billed to the account on file with Hydra Studios unless you cancel your membership or you are approved for a longer freeze.

You agree to follow Hydra Studios’ membership policies and studio rules. Hydra Studios may, in its sole discretion, modify the policies and any studio rule without notice at any time. Studio rules vary by location and all signs posted in a studio or on the premises and any verbal communication from Hydra Studios shall be considered a part of the studio rules. Hydra Studios reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for violation of any membership policy or studio rule.

Hydra Studios may contact you via telephone, email, text message or other means from time to time for the purpose of notifying you of issues related to your membership or billing information or for automatic payment processing issues. By providing us with your contact information, you give your prior express consent to receive membership and billing-related communications from us or our authorized delegate to the extent permitted by applicable law.

Hydra Studios reserves the right at any time to remove, discontinue, repair or replace the equipment or other Services available to members without any effect on these Terms. Hydra Studios also reserves the right to make changes to the type or quantity of equipment, programs or other Services offered to members and to alter the hours of operation in Hydra Studios’ sole discretion. You acknowledge and agree that the equipment, programs and other Services available at a Hydra Studios facility are subject to change from time to time and are offered on a “first come, first served basis.” Hydra Studios may temporarily close or suspend or limit your access to certain studios or areas, features or amenities of a studio, for purposes of renovation, special events or otherwise, at any time and in its sole discretion.

Hydra Studios may offer pre-scheduled group fitness instruction from time to time. The number of participants in group sessions may be limited. Group sessions will be made available either on an appointment basis or on a “first come, first served” basis. These classes are strictly informational and instructional in nature and not intended as personal training.

You should be aware that classes, individual sessions, and series of classes and sessions expire, and future prices are subject to change. Your credit/debit card will be charged for your order when you submit your reservation. Hydra Studios will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Hydra Studios may incur in its efforts to collect any unpaid balances from you.

In addition to classes, sessions, and series of classes and sessions, you can also buy a gift certificate. Hydra Studios’ gift certificates are called “gift cards.” Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or sessions. Gift cards cannot be used to purchase merchandise or accessories. Once a class or session is purchased using a gift card, it will expire, just like any other class or session you buy. Gift cards, classes and sessions are not the same thing. Unlike gift cards or gift certificates, classes and sessions are for our regular group-fitness classes and individual sessions only. You cannot give classes or sessions to another as a gift. When you buy a class or session, you are only entitled to use that class or session to book a space in a particular Hydra Studios studio at a particular time. You cannot redeem your class or session for cash and you cannot transfer it to another user.

Classes and sessions do expire. The expiration dates are posted in the description of the class, session or series of classes and sessions on our Website. Future class prices and session prices are subject to change, but Hydra Studios will honor your class, session or series of classes or sessions until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class, session or series of classes or sessions, not when you book your class or session. Hydra Studios will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Hydra Studios may incur in its efforts to collect any unpaid balances from you.

All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. Hydra Studios reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class, session or series of classes or sessions. Should Hydra Studios charge you the full price your rights to then cancel such class, session or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. Hydra Studios also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.

Geographic Use

Hydra Studios offers different types of classes and sessions at its studios so that our clients can select the options that best suit their individual needs. Classes and sessions may only be used in the region in which you purchased them. Before you buy a class, session or series of classes or sessions, it is important that you read the written descriptions we provide about what the class, session or series includes, its expiration date, and the region in which it may be used.

Cancellation Rights

CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL YOUR PURCHASE OF A MEMBERSHIP, CLASS, SESSION, OR SERIES OF CLASSES OR SESSIONS, WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF YOUR PURCHASE. To exercise this cancellation right, you must notify Hydra Studios. Your notice of cancellation must be in writing, signed by you, and mailed by registered or certified United States mail to: Hydra Studios Wall Street, LLC, 120 Wall Street, New York, NY 10005, Attention: Cancellation. Your notice of cancellation must be accompanied by the email you received from Hydra Studios confirming your purchase. You will receive a refund within 15 business days of receipt of your notice of cancellation.

ADDITIONAL RIGHTS TO CANCELLATION. You may also cancel your purchase of a membership, class, session, or series of classes or sessions, for any of the following reasons: (1) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months, as evidenced by a signed letter from your doctor or other reasonable proof of your significant physical disability; (2) If you die, your estate shall be relieved of any further obligation for payment under the purchase contract not then due and owing, as evidenced by a death certificate or other reasonable confirmation of death; (3) If you move your residence more than 25 miles from any studio operated by Hydra Studios, as evidenced by reasonable proof of your new residency; or (4) If the services cease to be offered as stated in the purchase contract, i.e., they are no longer available or substantially available due to Hydra Studios’ permanent discontinuance of operation or substantial change in operation.

To exercise this cancellation right, you must notify Hydra Studios. Your notice of cancellation must be in writing, signed by you, and mailed by registered or certified United States mail to: Hydra Studios Wall Street, LLC, 120 Wall Street, New York, NY 10005, Attention: Cancellation. All money paid pursuant to such contract cancelled for the reasons contained in this paragraph shall be refunded within 15 days of receipt of such notice of cancellation; provided however that Hydra Studios may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that Hydra Studios may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of the contract. In no instance shall Hydra Studios demand more than the full contract price from you. If you have executed any credit or loan agreement to pay for all or part of the Services, any such negotiable instrument executed by you shall also be returned within 15 days.

IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS: New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. Hydra Studios is exempt from this requirement. YOU MAY ASK A REPRESENTATIVE OF ANY HYDRA STUDIOS LOCATION FOR PROOF OF HYDRA STUDIOS’ COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, N.Y. 12231.

Cancellation of Reservations

In addition to your rights of cancellation set forth herein, if you wish to cancel your monthly membership, you may do so at any time, beginning with the next billing period. We will not issue refunds or credits for prior months of service, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Following any cancellation, however, you will continue to have access to the applicable service through the end of your current billing period.

If you wish to simply cancel a spot booked in a class or session for rescheduling you must do so at least 24 hours before the applicable class or session, and in such case your class or session will be returned to your account to be used at a future date, subject to the applicable expiration date for such class or session. You can cancel a reserved spot by logging into your account on the Website or on the applicable third-party booking platform, or by sending an e-mail to team@hydranewyork.com.

Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED FIVE MINUTES BEFORE A CLASS OR SESSION BEGINS to the Hydra Studios waitlist.

FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class or session has started.

FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor or staff member ahead of time.

FOR CLIENTS BOOKED FROM THE WAITLIST: You may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.

At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Retail Merchandise

All sales of merchandise through the Website or in studio locations are final unless otherwise stated.

Private Events

Event fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms prior to attending the event. Any third party vendor that Hydra Studios may permit you to bring into a studio as part of a private event must include Hydra Studios as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

Third Party Materials

The Services may link to independent third party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. Hydra Studios is not liable for the availability or accuracy of such third party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.

When you access third party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. Hydra Studios is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other users. You are solely responsible for your interactions with other users, and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

If you have a dispute with one or more third parties, including other users, you release us (and our officers, directors, instructors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

In addition to the Services offered by Hydra Studios, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third party products and/or services are governed by separate agreements or licenses with the third parties. Hydra Studios offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between third party products and/or services and the products and/or services provided by Hydra Studios. You agree that you will not hold Hydra Studios responsible or liable with respect to the Third Party Materials or seek to do so.

User Accounts

If you choose to create an account, you will be asked to provide certain registration details or other information, such as name, password, email address, phone number and other information. Your registration details and other information may not be an impersonation of another person, be a term that is the same or confusingly similar to a famous trademark not owned by you, or be a term that is offensive in any way. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to keep your password confidential and to protect your account. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

You understand that Hydra Studios provides some of the Services over the Internet, that such connections can be unpredictable, insecure, and unstable, and that Hydra Studios cannot guarantee uninterrupted access to the Services. Hydra Studios disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against Hydra Studios in connection therewith.

We are constantly changing and improving the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. You can stop using the Services at any time. We may also stop providing the Services to you, or add or create new limits to the Services or restrict your access to all or a part of the Services at any time without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

Payments

Some of the Services are provided free of charge, while others are provided for a fee. Payments are collected for purchasing the Services that require a fee, including for purchasing memberships and booking sessions.

All of the Services, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any service; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any service.

If you wish to purchase any of the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your bank account information to complete payments.

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

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases, including Mindbody. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

All Purchases are subject to our acceptance. Your receipt of an order confirmation does not signify that we have accepted your Purchase. We reserve the right at any time after receipt of your Purchase to accept or decline your Purchase for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for a Purchase that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any Purchase.

Licenses Granted

Hydra Studios grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms. Hydra Studios reserves all other rights in the Services not expressly granted to you.

User Content

Hydra Studios may permit the submission of content or communications submitted by users and the hosting, sharing, and/or publishing of such content.

You grant Hydra Studios a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit on or through the Services (“User Content”) in connection with the Services and Hydra Studios’ (and its successors’ or affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Hydra Studios, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Hydra Studios does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Hydra Studios does not knowingly permit infringement of intellectual property rights on the Services, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Hydra Studios reserves the right to remove User Content without prior notice. Hydra Studios will also terminate a user’s access to the Services, if a user is determined to be a repeat infringer. Hydra Studios also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography and obscene or defamatory material. Hydra Studios may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

You understand that when using the Services, you may be exposed to User Content from a variety of sources, and that Hydra Studios is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hydra Studios with respect thereto, and agree to indemnify and hold Hydra Studios, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

User Submissions

All inquiries, feedback, suggestions, ideas, criticism or other information any User provides to Hydra Studios concerning the Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants Hydra Studios full ownership of the Submission as if Hydra Studios had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. Hydra Studios reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Hydra Studios’ products or services. You also acknowledge that Submissions will not be returned and Hydra Studios may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Hydra Studios as to the origin of any Submission. You agree to indemnify Hydra Studios for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User Conduct and Community Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

• You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
• You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

• You will be respectful and considerate of other users and do your part to make Hydra Studios a safe, supportive community for all users.
• You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate Hydra Studios, a Hydra Studios employee, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
• You will only post User Content that is true and informative and otherwise positively impacts the substance of a conversation or topic.
• You will not post User Content that infringes another’s intellectual property rights.
• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
• You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
• You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.
• You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
• You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
• You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.
• You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
• You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).
• You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
• You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
• You will not threaten, dox, or otherwise harass other users.
• You will not post information that is inaccurate, false, fraudulent, or misleading, including submissions made under false pretenses.
• You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, racist, harmful, or otherwise objectionable material of any kind.
• You will not act in a manner that violates these Terms.
• You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
• You will notify us immediately of any content of the Services that violates these Terms.

We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Hydra Studios; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS HYDRA STUDIOS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Hydra Studios, are (i) owned by Hydra Studios, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.

Using the Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services, including User Content, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Hydra Studios. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Hydra Studios cannot protect or advise you on your intellectual property rights, and Hydra Studios cannot and does not take any responsibility for doing so.

Claims of Copyright Infringement

If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

Hydra NY, Inc.
Attn: Copyright Agent
335 Madison Avenue, Floor 16

New York, NY 10017
Phone: +1 303.882.6096
Email: founders@hydranewyork.com

 

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include:

• Your full name and electronic or physical signature.
• Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
• A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
• A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
• A description of the copyrighted work(s) that you claim has been infringed.
• A description of the location of the copyrighted materials on the Services.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning Hydra Studios or the Services electronically, including notice to any email address that you may provide.

Term and Termination

These Terms will remain in effect until terminated by you or Hydra Studios. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity.

You agree that Hydra Studios may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. Hydra Studios has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

Disclaimer of Representations and Warranties

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HYDRA STUDIOS NOR ANY PERSON ASSOCIATED WITH HYDRA STUDIOS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER HYDRA STUDIOS NOR ANYONE ASSOCIATED WITH HYDRA STUDIOS REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HYDRA STUDIOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against Hydra Studios, its affiliates, licensors or service providers, or our respective employees, contractors, instructors, members, officers, directors and agents. Hydra Studios, its affiliates, licensors and service providers, and our respective employees, contractors, instructors, members, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services, any associated content, or any products and/or services delivered to you through the Service, (ii) any interaction with any third party through or in connection with the Services, including other users, (iii) any information offered or provided within or through the Services, or (iv) any other matter relating to the Services. In no event shall Hydra Studios, its affiliates, licensors or service providers, or our respective employees, contractors, instructors, members, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

Hydra Studios takes the COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Hydra Studios cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at Hydra Studios may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19.

You acknowledge the contagious nature of bacterial and viral diseases, including the novel COVID-19 coronavirus disease (collectively, a “Disease”), and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by a Disease at studios operated by Hydra Studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by a Disease at studios operated by Hydra Studios may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Hydra Studios employees, members, and attendees.

By agreeing to these Terms, enrolling online, entering a studio operated by Hydra Studios, and/or attending classes, events, activities, and other programs of Hydra Studios, whether in a Hydra Studios facility or using Hydra Studios equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns: (a) to assume all of the foregoing risks related to a Disease and accept sole responsibility for any Disease-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at a Hydra Studios studio or as a result of participation in the Services, and (b) covenant not to sue, Hydra Studios and its instructors, clients, and employees, from any such claim, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of  Hydra Studios or its instructors, members, and employees, whether a Disease infection occurs before, during, or after entering a studio operated by Hydra Studios. Some states do not allow waiver of certain types of risks, so the above limitations may not all apply to you.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Indemnification

You are solely legally liable if your use or misuse of the Services, any associated content, or any products and/or services delivered to you through the site causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Hydra Studios, its affiliates, licensors and service providers, and our respective employees, contractors, instructors, members, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law

You agree that the laws of the State of New York and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against Hydra Studios, without regard to New York’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Binding Arbitration and Jurisdiction

In the rare event you have a dispute with Hydra Studios, we encourage you to contact us immediately so we can work together toward a satisfactory resolution. If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Hydra Studios arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding, unless Hydra Studios provides express prior written consent.

You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hydra Studios will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Hydra Studios for all fees associated with the arbitration paid by Hydra Studios on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and Hydra Studios may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Hydra Studios shall be exclusively brought in the state or federal courts of New York.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Severability and Integration

These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and Hydra Studios. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.

General Provisions

You may not assign these Terms without Hydra Studios’ prior written approval. Hydra Studios may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Hydra Studios’ business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Hydra Studios as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hydra Studios in writing.

Contact Information

The Services are operated by Hydra Studios. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at team@hydranewyork.com.