BODi Text Messaging Terms and Conditions
When you sign up to receive text messages from us, you agree to our BODi Text Messaging Terms and Conditions.
BODi Text Messaging Terms and Conditions
Updated and Effective Date: July 15, 2026
1. Overview
Beachbody, LLC (in the United States) and Team Beachbody Canada LP (in Canada) (“BODi”) offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs, which may include marketing programs. These Text Messaging Terms and Conditions (“Text Terms”) govern these text message programs, unless a specific set of additional terms are provided.
By signing up to participate in our text messaging programs, you agree to these Text Terms, as well as our BODi Terms and Conditions of Use , which are incorporated and considered a part of these Text Terms, grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. To the fullest extent permitted by law, our Terms and Conditions of Use and these Text Terms contain a mandatory individual arbitration agreement and class action waiver, requiring you to resolve any dispute (as defined below) between you and BODi through final and binding individual arbitration, instead of in court, and, to the fullest extent permitted by law, requiring you to forego all jury trials and all class, collective, consolidated, aggregate, mass, and representative proceedings, and all other types of court proceedings of any and every kind, except for certain mass arbitration proceedings and, in the U.S. individual small claims. By agreeing to these Text Terms, you expressly acknowledge that you have read, carefully considered, and understand all of the provisions of the individual arbitration agreement and class action waiver provisions, and that you expressly agree to be bound thereby. Please read carefully the “ DISPUTES, DISPUTE RESOLUTION (BINDING INDIVIDUAL ARBITRATION), WAIVER OF TRIALS, CLASS ACTIONS AND CLASS ARBITRATIONS ” section below.
Please also review our BODi Privacy Policy , which sets forth how we use the information we collect from you.To the extent of any inconsistency between these Text Terms and another BODi policy, the Text Terms in this document will apply to our text messaging programs.
2. Program Description
When you agree to participate in our text messaging programs, you typically agree to receive recurring messages from BODi including special offers, recommendations, alerts, updates, and other transactional and/or marketing texts and information . We may send reminders based on your activity on the BODi website, such as abandoned cart reminders, browse abandonment (e.g., information and alerts based on the offerings or products you viewed on our website), matters related to your account, and post purchase follow-ups (e.g., offers related to BODi purchases, recommendations based on previous purchases, survey or sweepstakes opportunities), which may be based on our use of cookies or other tracking technologies when you view content while logged onto the website. Messages may be in SMS, MMS or RCS format. Message frequency may vary. BODi reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Text messages may be sent using an automatic telephone dialing system, artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.
3. Opt In
To opt-in to receive text messages from a BODi text messaging program at the mobile phone number you provide when signing up or any other number you designate, please follow the instructions provided by BODi, which may include texting a message to a telephone number or short code, providing your phone number online at our website, or by otherwise providing your consent. You may need to confirm your consent such as by replying Y or through another designated response to an initial text message sent to you. To enroll in the text messaging programs, you must be the mobile account holder and 18 years of age or older.
BODi reserves the right to change the phone number from which messages are sent, and you consent to receive messages from the number upon notice from us of the new number.
4. Opt-Out
To stop receiving text messages from a specific BODi text messaging program, text STOP to the telephone number or five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted-out. If you opt out of one BODi text messaging program, you may continue to receive text messages from any other BODi program you have joined until you separately opt out of each such program.
5. Help
For additional help or to request more information, reply HELP to the number from which you received our text messages, or contact our customer care team by calling (888) 579-8889 or contacting https://faq.bodi.com/ .
6. Cancellation
BODi may suspend or terminate your receipt of BODi text messages if BODi believes you are in breach of these Text Terms or the BODi Terms and Conditions of Use. Your receipt of BODi text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. BODi reserves the right to modify or discontinue, temporarily or permanently, all or any part of BODi text messages, with or without notice.
7. Availability and Duty to Notify
If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. BODi and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages. Not all mobile devices may be supported, and our messages may not be deliverable in all areas.
If you change your mobile phone number and intend to stop using the mobile telephone number that has been used to subscribe to BODi’s text messaging program, including canceling your service plan or selling or transferring the phone number to another party, you agree to promptly notify BODi of that change at (888) 579-8889 or https://faq.bodi.com/ .You further agree that you will opt out of receiving text messages from BODi by texting STOP to the number for the text message program from which you no longer wish to receive messages (i.e. the number from which its text messages are being sent) prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Text Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying BODi of such change, you will be responsible for all costs (including attorneys’ fee) and liabilities incurred by BODi, or any party that assists in the delivery of mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of BODi’s text message programs.
8. Changes to Text Terms
BODi may revise, modify, or amend these Text Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to BODi website. You agree to review these Text Terms periodically to ensure that you are aware of any changes. Your continued consent to receive BODi text messages will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).
9. DISPUTES, DISPUTE RESOLUTION (BINDING INDIVIDUAL ARBITRATION), WAIVER OF TRIALS, CLASS ACTIONS AND CLASS ARBITRATIONS
THE TERMS OF THIS (INCLUDING SUBSECTIONS 9.1 THROUGH 9.12), TAKEN TOGETHER, CONSTITUTE A BINDING ARBITRATION AGREEMENT. THE PROVISIONS HEREIN WILL AFFECT THE RESOLUTION OF (A) CLAIMS WHICH YOU AND YOUR RELATED PARTIES (DEFINED BELOW) MAY HAVE AGAINST BODi AND/OR ITS RELATED PARTIES, AND/OR (B) CLAIMS WHICH BODi OR ITS RELATED PARTIES MAY HAVE AGAINST YOU AND/OR YOUR RELATED PARTIES. In this Section 9, the term “Related Party" shall include a party’s affiliates, owners, members, managers, managing agents, officers, directors, employees, and any other person or entity from whom a party could be held liable, and for clarity, shall also include all beneficial owners associated with a corporation, partnership, trust or other BODi Partner entity, if applicable.
9.1: Mandatory Informal Dispute Resolution Prior to Arbitration; IDR Conference
You and BODi recognize that, from time to time, a Dispute (as defined in Subsection 9.2 below) may arise between you and BODi and/or your respective Related Parties. If a Dispute does arise, you should know that BODi is committed to working with you to attempt to reach a reasonable resolution. And both Parties acknowledge and agree that (in general) good faith informal efforts to resolve Disputes can result in prompt, low-cost and mutually beneficial outcomes.
Accordingly, except to the extent prohibited by applicable consumer protection law, you and BODi agree that before either Party commences arbitration against the other Party (see Subsection 9.2), the Parties will make a good faith effort to meet (telephonically or via videoconference) to attempt to resolve any Dispute informally (each such meeting an “IDR Conference"). Either Party can request an IDR Conference; and if you are represented by counsel, your counsel may participate in the IDR Conference, but you agree that you will also participate personally in the IDR conference.
The Party initiating a request for an IDR Conference must give notice to the other Party in writing of his or her request, and the IDR Conference shall occur within 45 days after the other Party receives such notice, unless an extension is mutually agreed upon by the Parties. Notice to you that BODi intends to initiate a request for an IDR Conference will be sent to the most recent contact information we have on file for you. Notice to BODi that you intend to initiate a request for an IDR Conference should be sent by email to notices@BODi.com, Attn: General Counsel. The notice must include: (1) your name, telephone number, mailing address, email address associated with your account and your account username; (2) the name, telephone number, mailing address and email address of your counsel, if any; (3) a description of your concern, claim or reason for initiating an IDR Conference; and (4) the nature and basis of the relief you are seeking and a detailed calculation of any damages sought. The notice must be personally signed by you.
Each IDR Conference shall be individualized such that a separate conference must be held each time either Party initiates a claim, even if the same law firm or group of law firms represents multiple users in similar cases, unless all Parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same IDR Conference unless all Parties agree otherwise. In the time between a Party receiving notice and the IDR Conference, nothing in this Section 9 shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s claims.
The Parties hereto agree that engaging in the IDR Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the IDR Conference process required by this section.
9.2: Binding Individual Arbitration; Arbitration Agreement: This Subsection 9.2 applies to the fullest extent permitted by applicable law and does not apply to individual residents in the province of Quebec.
Binding Individual Arbitration: ANY CONTROVERSY, CLAIM OR DISPUTE OF WHATEVER NATURE BETWEEN YOU AND/OR YOUR RELATED PARTIES, ON THE ONE HAND, AND BODI AND/OR ITS RELATED PARTIES, ON THE OTHER, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR RELATING TO THESE TEXT TERMS (OR ANY PRIOR OR SUBSEQUENT VERSIONS, INCLUDING ANY CHANGES TO THESE TEXT TERMS), OR THE BREACH THEREOF; THE P&P (IF APPLICABLE), OR THE BREACH THEREOF; THE SALE, PURCHASE OR USE OF BODI PRODUCTS, SERVICES OR THIRD-PARTY SERVICES ; OR THE USE OF BODI WEBSITES OR WEB APPLICATIONS; OR THE COMMERCIAL, ECONOMIC, OR OTHER RELATIONSHIP BETWEEN YOU AND BODI AND/OR THE RELATED PARTIES (FOR PURPOSES OF THIS SECTION 9, EACH A “PARTY” AND COLLECTIVELY THE “PARTIES”), WHETHER SUCH CLAIM IS BASED ON RIGHTS, PRIVILEGES OR INTERESTS RECOGNIZED BY OR BASED UPON STATUTE, CONTRACT, TORT, COMMON LAW OR OTHERWISE, WHETHER BEFORE THESE TEXT TERMS WERE EFFECTIVE OR AFTER TERMINATION, AND/OR WHETHER SUBJECT TO A PURPORTED MASS ARBITRATION OR A CLASS ACTION THAT YOU ARE NOT A CERTIFIED MEMBER OF (“DISPUTE”), AND WHICH IS NOT RESOLVED VIA THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN SUBSECTION 9.1 ABOVE, SHALL BE SETTLED THROUGH BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED FURTHER IN SUBSECTION 9.4 BELOW, EXCEPT AS PROVIDED IN THE MASS ARBITRATION SECTION OF THIS ARBITRATION AGREEMENT (SUBSECTION 9.5, BELOW) OR, IF YOU ARE IN THE U.S., THROUGH AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IN YOUR COUNTY (OR PARISH) OF RESIDENCE, OR LOS ANGELES, CALIFORNIA.
Arbitration Agreement: YOU UNDERSTAND AND AGREE THAT THE DISPUTE RESOLUTION AGREEMENT IN THIS SECTION 9 (INCLUSIVE OF SUBSECTIONS 9.1 THROUGH 9.12) OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE AGREEMENT OR THE AGREEMENT AS A WHOLE. CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES, WITHOUT LIMITATION, THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES. YOU FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE AGREEMENT IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT IN THIS SECTION 9 IS UNENFORCEABLE.
9.3: Waiver of Certain Rights (Including Trial, Jury Trial, and Class Action)
Except as expressly provided herein, to promote to the fullest extent that is reasonably possible a mutually amicable resolution of Disputes in a timely, efficient, and cost-effective manner, YOU AND BODi (INCLUDING ALL RELATED PARTIES OF EACH PARTY) HEREBY EXPRESSLY AGREE THAT EACH PARTY (AS APPLICABLE) IS HEREBY WAIVING ITS RIGHTS TO TRIAL BY JURY OR BY ANY COURT, INCLUDING RIGHT TO APPEAL AND TO CONDUCT FULL DISCOVERY. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BODi (INCLUDING ALL RELATED PARTIES) HEREBY EXPRESSLY AGREE THAT EACH PARTY (AS APPLICABLE) IS HEREBY EXPRESSLY WAIVING THE RIGHT TO PARTICIPATE IN ANY PURPORTED CLASS, COLLECTIVE, AGGREGATE, MASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR OTHER PROCEEDING, INCLUDING, WITHOUT LIMITATION, SUCH PROCEEDINGS BROUGHT IN STATE AND FEDERAL COURT AND/OR CLASS ARBITRATION, EXCEPT AS PROVIDED IN THE MASS ARBITRATION SECTION OF THIS ARBITRATION AGREEMENT (SECTION 9.5, BELOW) AND, IN THE U.S. SMALL CLAIMS. UNLESS BOTH YOU AND BODi AGREE IN WRITING, EACH PARTY (AND ITS RELATED PARTIES) MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, AGGREGATE, MASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER PROCEEDING, EXCEPT AS PROVIDED IN THE MASS ARBITRATION SECTION OF THIS ARBITRATION AGREEMENT (SECTION 9.5, BELOW) AND, IN THE U.S. SMALL CLAIMS.
9.4: Arbitration Procedures
All requests for an IDR Conference and all requests for arbitration (and all related actions, filings and materials) which are submitted pursuant to the terms of this Section 9, and which are submitted by an attorney, must include a written affirmation by such attorney that the information provided for each individual case is true and correct to the best of the submitting attorney’s knowledge .
TO THE EXTENT THERE IS MORE THAN ONE DISPUTE BETWEEN THE PARTIES AND/OR RELATED PARTIES, AND ANY OF SUCH DISPUTES ARE NOT ARBITRABLE AS A MATTER OF LAW, THE PARTIES AGREE THAT LITIGATION OF THOSE DISPUTES SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL DISPUTES IN ARBITRATION. In the event the prohibition on class, collective, aggregate, mass and/or representative arbitrations is deemed invalid or unenforceable after exhaustion of all appeals of that issue, then, to the extent that class, collective, aggregate, mass and/or representative claims are asserted, such claims shall be litigated in accordance with the otherwise-applicable terms of this Section 9.
Except for Disputes subject to the terms of the mass Arbitration SUBsection hereof (SUBSection 9.5), and, in the u.s., small claims court, ANY AND ALLDISPUTES shall be subject to and shall be settled exclusively by final, binding, individual arbitration in accordance with: (1) in the U.S., by the American Arbitration Association (“AAA”) under the then-prevailing applicable AAA Rules, and any applicable Supplementary Rules, as modified by this section, unless the laws of the state in which you reside expressly require otherwise; or (2) in Canada, the ADR Chambers Arbitration Rules, unless the laws of the state or province in which you reside expressly require otherwise. If AAA or ADR Chambers, as applicable, is unable to serve as an arbitrator organization (for any reason) and the Parties cannot agree on an alternative arbitrator organization, then a court of competent jurisdiction will appoint an arbitrator organization.
Notwithstanding anything contained herein, AAA or ADR Chambers, as applicable, may not administer any multiple claimant or class arbitration except as provided in the Mass Arbitration subsection (Subsection 9.5), as the Parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules or ADR Chambers Rules, as applicable, and the rules set forth in this Section 9, the rules set forth in this Section 9 shall govern. The AAA rules and procedures are available online at www.adr.org or by calling 1-800-778-7879 and copies of the ADR Chambers Arbitration Rules may be downloaded at https://adrchambers.com/arbitration/rules/ . Both will be emailed to you upon request to Privacy@BODi.com .
If arbitration of a Dispute is necessary, the Parties agree to the following procedure:
1.If in the U.S., the moving Party writes a Demand for Arbitration. The demand must be personally signed and include a description of the Dispute, description of the relief that you are seeking, including a detailed calculation of the amount of damages , and a declaration that you completed the Informal Dispute Resolution as detailed in subsection 9.1 above. If you are represented by counsel, your counsel must also personally sign the Demand for Arbitration. The signatures certify (a) under penalty of perjury that the statements made are true and correct, and (b) that the Dispute is (i) not for an improper purpose, frivolous, to harass the other Party and/or brought about to increase the costs of arbitration; (ii) brought in good-faith based on real facts and sound legal arguments that are actionable under current law. You can find copies of a Demand for Arbitration at: https://www.adr.org/Most-Viewed-Forms (“Demand for Arbitration”).
2.If in Canada, the moving Party write a Notice to Arbitrate. The notice must include a description of the Dispute and the relief sought to be recovered. You can find a sample of a Notice to Arbitrate at: https://adrchambers.com/arbitration/
3.Send copie(s) of the Demand for Arbitration or Notice to Arbitrate, plus the appropriate filing fee, to:
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In the U.S.: Send one copy to: AAA Case Filing Services 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 Or online visit www.adr.org and click on File or Access Your Case and follow directions. |
In Canada: Send three copies to: ADR Chambers 180 Duncan Mill Road, 4th Fl. Toronto, ON M3B 1Z6 |
4.Send one copy of the Demand for Arbitration or Notice to Arbitrate to the other Party at the addresses below:
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To BODi: Beachbody, LLC, dba BODi Attn: Chief Legal Officer 400 Continental Blvd. Floor 6 El Segundo, CA 90245 |
To You: The Dispute Notice will be sent by certified mail to the most recent address BODi has on file for you or otherwise in our records for you. |
Notwithstanding the rules of AAA and ADR Chambers, the following will apply to all arbitration actions:
- The arbitration will take place: (1) in the U.S., in Los Angeles County, California, except as otherwise required by AAA Rules (e.g. at a location which is reasonably convenient to both Parties with due consideration of both Party’s ability to travel and other pertinent circumstances); or (2) in Canada, in Ottawa Canada, except as otherwise required by the ADR Chambers Rules.
- The arbitration agreement and the arbitration will be governed by the Federal Arbitration Act (“FAA”) in the U.S. or the appliable provincial or territorial Arbitration Act in Canada. To the extent there is a conflict with California law, the FAA or the provincial or territorial Arbitration Act in Canada prevails.
- The arbitration will be conducted in English (with appropriate translators as may be necessary).
- In the U.S., the Federal Rules of Evidence will apply in all cases.
- In the U.S., the Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
- The Parties will be allotted equal time to present their respective cases, including cross-examinations.
- The arbitrator(s) is required to issue a written arbitration award setting forth the essential findings and conclusions on which any award is based.
- The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly prohibits the waiver of such damages.
- The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of law, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with Section 9.2. Further, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to the extent necessary to maintain protections of confidential, proprietary, and trade secret information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
In addition to the foregoing and notwithstanding the rules of AAA and ADR Chambers, certain procedures will apply depending on the amount in controversy. For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual agreement of the Parties to the contrary:
- The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five (5) business days.
- There will be one arbitrator selected from the panel provided by AAA or ADR Chambers (where applicable), using the AAA Rules or the ADR Chambers Arbitration Rules (where applicable) for arbitrator selection.
- The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by AAA or ADR Chambers (where applicable) to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but, in the U.S., in no event shall the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.
For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual agreement of the Parties to the contrary:
- There will be three (3) arbitrators selected from the panel provided by AAA or ADR Chambers (where applicable), using the AAA Rules or the ADR Chambers Arbitration Rules (where applicable) for arbitrator selection.
- In the U.S., the Parties will be entitled to, and limited by, all discovery rights permitted by the Federal Rules of Civil Procedure.
- In the U.S., the Parties will be entitled to appeal any arbitration award under AAA Optional Appellate Arbitration Rules. The Parties agree to request oral argument for any appeal filed under the Optional Appellate Arbitration Rules.
9.5: Additional Procedures for Mass Arbitration
To increase the efficiency of the administration and resolution of Dispute arbitrations, you and BODi agree that in the event that there are 20 or more individual demands or requests for arbitration (each a “Request”) of a similar naturefiled against BODi by or with the assistance of the same law firm, group of law firms or other organization(s) (or otherwise in close proximity) the provisions in this Subsection (and, in the U.S., the applicable AAA Mass Arbitration and Mediation Fee Schedule and Supplementary Rules) will apply. Both Parties also understand and agree that by participating in Mass Arbitration, that the resolution of the Dispute may be delayed.
All Parties agree that Requests are of a “similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the Parties disagree on the applicability of the Mass Arbitration process, the disagreeing Party shall advise the arbitrating organization (in the U.S., AAA and in Canada, ADR Chambers), and the arbitrating organization shall appoint a sole standing arbitrator to determine the Mass Arbitration process’ applicability ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the Parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.
All Parties agree to the following procedures:
BODi’s counsel and your counsel will each select 5 Requests per side as part of a first stage, which will be filed with and proceed to be handed in individual arbitrations (“First Stage Requests”). Each First Stage Request will be assigned by the Administrative Arbitrator to a different, single, arbitrator. Except for these First Stage Requests, no Requests will be deemed to have been, nor will be filed in arbitration (and, as such, no fees will be assessed for such not-filed Requests). If any of the 10 First Stage Requests are withdrawn before the conclusion of its individual arbitration, another Dispute will be chosen by the Administrative Arbitrator to replace the withdrawn First Stage Request. Upon completion of this first stage, all Parties will initiate a global mediation session for all of the Requests that are not part of the First Stage Requests (" First Stage Remaining Requests"). The global mediation will act as a stay of the arbitration proceedings.
If the First Stage Remaining Requests are not resolved by the global mediation session, the remaining arbitration claims will be filed and resolved in accordance with the following. The Administrative Arbitrator will:
(1) administer the arbitration demands in (a) batches of 25 Requests per batch, if there are 250 or fewer First Stage Remaining Requests, or (b) batches of 250 Requests per batch, if there are more than 250 Requests (plus, to the extent there are less than the 25 or 250, as applicable, Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of case management fees and arbitrator compensation fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award.
You and BODi agree to cooperate in good faith with the arbitrating organization (in the U.S., AAA and in Canada, ADR Chambers) to implement the Mass Arbitration approach including the payment of single case management fees and arbitrator compensation for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings; and (3) meetings between each of the Parties’ counsel to discuss modification to procedures.
This Mass Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section.
9.6: Cost of Dispute Resolution:
In Canada, BODi shall pay, or (if applicable) reimburse you for, all ADR Chamber (as applicable) filing, administration, and arbitrator fees for any arbitration commenced (by you or BODi) hereunder. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
In the U.S., AAA Rules govern the payment of arbitration fees. Notwithstanding the forgoing, both you, we (and, if being represented, both of our attorney(s)) agree to cooperate in good faith to take reasonable measures to reduce the costs and fees of arbitration, so that the process is cost-effective for all Parties involved. This may include collaborating with AAA to decrease AAA’s fees. In addition, you and we agree that if the Administrative Arbitrator finds that either your or our claims, counterclaims and/or appeals are brought for an improper purpose and/or are frivolous, the Administrative Arbitrator will award to the other Party the costs and expenses (including, without limitation, any and all charges by the Administrative Arbitrator), and attorneys’ fees incurred by the other Party.
9.7: Amendments to this Section: BODi may amend Section 9 from time to time in accordance with Section 8 of these Text Terms.
9.8: Temporary and Provisional Relief: Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law regarding a Dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this arbitration policy, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order, preliminary injunction, or other provisional relief to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. In particular, and without limitation, you acknowledge that covenants relating to the protection of BODi’s trade secrets, confidential, and proprietary information are reasonable and necessary to protect the legitimate interests of BODi. You further acknowledge that your breach of such provisions and covenants would cause BODi irreparable harm, the amount and extent of which would be very difficult to estimate or ascertain, and for which BODi may have no adequate remedy at law. Therefore, the Parties shall be entitled to obtain provisional injunctive relief, a temporary restraining order, or such other temporary equitable relief as may be required to prevent a breach or threatened breach of such provisions and covenants. Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether such claim is to be decided by the court.
The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than temporary injunctive or enforcement relief to arbitration.
9.9: Related Parties and Third-Party Beneficiaries: Although these Text Terms are made and entered into between you and BODi, the Related Parties are intended third-party beneficiaries for purposes of the provisions of these Text Terms referring specifically to them, including this Section 9. The Parties acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you and BODi, and the Parties further acknowledge that nothing contained herein shall be argued by either of them to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any Dispute between the other Parties.
9.10: Protection of Confidential Information: The Parties agree that BODi has valuable trade secrets and confidential and proprietary information relating to its business and products. The Parties agree to take all necessary steps to protect from public disclosure such trade secrets and confidential and proprietary information.
9.11: Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter or Dispute not subject to arbitration shall reside exclusively in the state or federal courts within Los Angeles County, California.
The Text Terms are to be construed in accordance with and governed by the laws of California, without regard to its choice of law principles, except that, as applicable, the FAA in the U.S. or the appliable provincial or territorial Arbitration Act in Canada shall govern the arbitration agreement and arbitration without giving effect to any state law to the contrary.
Notwithstanding anything to the contrary herein, residents of the State of Louisiana shall be entitled to pursue resolution of Disputes in their home forum pursuant to Louisiana law, to the extent required under Louisiana law. For such Disputes brought in Louisiana, to the extent allowed by Louisiana law, all other terms of this Section 9 shall apply to such Dispute, including without limitation the mutual obligation to arbitrate Disputes on an individual basis.
9.12: Survival
THIS SECTION 9 SHALL SURVIVE THE TERMINATION, CANCELLATION, OR EXPIRATION OF THE TEXT TERMS FOR ANY REASON.