Effective Date: May 28, 2025

Please read these Terms & Conditions of Use (“Terms of Service”) carefully before accessing or using any website, mobile application, facility, event, or service operated by OS USA Holdings, LLC and its affiliates and subsidiaries (collectively, “ONESWEAT,” “we,” “us,” or “our”).

These Terms govern your use of: (a) the ONESWEAT website and any mobile application; (b) all ONESWEAT in-person fitness facilities (including without limitation all HIIT, Pilates or Heated studios); and (c) any ONESWEAT-sponsored classes, events, retreats, offsite programs, and third-party-hosted activations (where, (a), (b) and (c) are collectively, the “ONESWEAT Services”)

By accessing or using any ONESWEAT Services, you agree to be bound by these Terms of Service, including the mandatory arbitration clause and class action waiver below. If you do not agree, please do not register, attend, or participate in any ONESWEAT Services.

1. PARTICIPATION ACKNOWLEDGEMENT & ASSUMPTION OF RISK

You acknowledge that participation in ONESWEAT Services, including high-intensity interval training (HIIT), Pilates, heated classes, strength training, endurance activities, cardio, and any other physical exertion including without limitation of the use of equipment provided by ONESWEAT including motor-powered treadmills and reformers, inherently involves risk of physical injury, property damage, emotional distress, or death. You knowingly and voluntarily assume all such risks.

You agree and represent that: (a) You are physically and mentally able to safely engage in the ONESWEAT Services; (b) You have not been advised by a medical professional to avoid strenuous physical activity; (c) You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise; (d) You also acknowledge that the risk of bodily injury cannot be eliminated regardless of the care taken to avoid injuries and (e) You understand that ONESWEAT instructors and staff are not medical professionals and cannot assess your health status.

You further acknowledge that injuries may result from your own actions or inactions, the actions or inactions of others (including instructors and participants), or the condition of the premises or equipment, which may not be owned, maintained, or controlled by ONESWEAT.

2. LIMITATION OF LIABILITY & RELEASE

In consideration of being allowed to participate in and access the ONESWEAT Services, you hereby voluntarily and irrevocably:

(a) Release ONESWEAT, its officers, owners, employees, agents, contractors, affiliates, landlords, equipment suppliers, clients, and representatives and each of their respective successors and assigns from any and all responsibility, liability for claims, actions, suits, losses, injuries, procedures, costs, damages, and expenses to the fullest extent allowed by law arising out of or in any way related to participation in the ONESWEAT Services including those arising from negligence, premises liability, improper instruction, equipment failure or negligence of a third party;

(b) Waive any right to assert a claim for bodily injury, aggravation of injury, wrongful death, emotional distress, property loss, or economic damage in any court of law, including for claims involving ONESWEAT’s negligence of any kind; and

(c) Agree to indemnify and hold harmless ONESWEAT and its affiliates from any third-party claims arising out of your participation in the ONESWEAT Services, presence on premises, or violation of these Terms of Service.

This waiver applies regardless of where the injury occurs — whether at an ONESWEAT facility, pop-up event, corporate activation, retreat, or third-party venue.

You expressly agree that in no event shall ONESWEAT’s maximum liability to you, for any reason or for any cause, exceed the amounts that ONESWEAT received from your participation in the ONESWEAT Services in the 6 months prior to the date of your claim or $5,000 USD, whichever is less.

3. CLASS, EVENT & MEMBERSHIP POLICIES

• • RESERVATIONS: You must be signed in and physically present at least 5 minutes prior to your scheduled class. Reserved spots may be released to waitlisted clients if you are late.
  • CANCELLATIONS: Classes must be canceled at least 6 hours prior to the scheduled start time. Late cancels and no-shows will be subject to a deduction from your class package or assessed a penalty fee, depending on membership type.
  • PURCHASE TERMS: All class packs and memberships are non-refundable and non-transferable. Fees may vary by studio. Unused classes or services may expire according to the specific terms disclosed at the time of purchase.
  • PERSONAL PROPERTY: ONESWEAT is not responsible for the loss, theft, or damage of personal property at any location. You assume all risk for items brought into the facility.
  • RIGHT TO EXCLUDE: ONESWEAT reserves the right to exclude You from any ONESWEAT Services, class, event or otherwise for any reason and at any time if there is a failure to comply with staff instruction or in our discretion your participation creates a risk to other clients, your personal hygiene disrupts the client experience ONESWEAT or there is a level of conduct that creates an unhealthy or unsafe environment for our clients or our staff.

4. STUDIO CONDUCT & SAFETY

By entering any ONESWEAT location or event, you agree to: (a) Comply with all posted rules, verbal instructions, and safety procedures; (b) Use equipment only as directed; (c) Report injuries or unusual pain before, during, or after class; (d) Bring all equipment (e.g., treadmills) to a full stop before dismounting and ensure they are stopped before mounting; (e) Refrain from placing items on studio equipment other than towels, water, or phones; and (f) Refrain from entering classes late or disrupting instruction.

5. THIRD-PARTY VENUES & ACTIVATIONS. ONESWEAT regularly partners with third-party venues and event hosts for activations, retreats, and special classes. These venues may not be under our operational control. By attending any offsite ONESWEAT Services, you agree that ONESWEAT is not liable for unsafe or defective premises, equipment, or conditions not maintained by us. You expressly agree that these Terms of Service remain enforceable regardless of location or event format.

6. ARBITRATION & CLASS ACTION WAIVER

YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ONESWEAT SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION HELD IN HARRIS COUNTY, TEXAS.

You and ONESWEAT further agree that: (a) The arbitrator shall have exclusive authority to resolve any disputes relating to the enforceability or interpretation of this clause; (b) You waive the right to participate in any class action, class arbitration, or representative proceeding; and (c) Either party may seek injunctive or equitable relief in court for claims involving intellectual property or violation of confidentiality. This Section 6 survives any termination of membership or participation.

7. MODIFICATIONS & TERMINATION. ONESWEAT may modify these Terms at any time. Continued use of any ONESWEAT service after such changes constitutes your acceptance. ONESWEAT reserves the right to terminate access to any service without notice for violation of these Terms.

8. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Texas, without regard to conflict of law rules.

9. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

QUESTIONS: Please contact your local ONESWEAT studio or email info@onesweat.com for questions or concerns regarding these Terms of Service.