Social Content Permission Terms

Last updated: March 18, 2026

These Social Content Permission Terms (the "Terms") govern permission granted by you to MINDBODY, Inc. and its parent, subsidiaries, affiliates, successors, assigns, and licensees (collectively, "Company," "we," "us," or "our") to use certain content you own or control.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH COMPANY RELEASEES ON AN INDIVIDUAL BASIS. PLEASE SEE SECTIONS 13 AND 15 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY RELEASEES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

1. Acceptance

You agree to these Terms if you (a) click "I Agree," (b) sign or electronically accept them, or (c) respond "YES" (or similar affirmative response) to a Company request that links to these Terms and identifies the content to be used.

If you do not agree, do not provide consent and do not respond affirmatively.

2. Content

"Content" means the social media post, audio, video, photographs, captions, comments, text, testimonials, reviews, statements, handles/usernames, profile name, name, likeness, image, voice, performance, and any other materials you submit, share, send, authorize, tag Company in, or otherwise make available to Company, including any content identified by link in our request.

3. Grant of Rights

You grant Company a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable, sublicensable right and license to use and exploit the Content (in whole or in part) for any purpose, including advertising, marketing, publicity, promotion, public relations, internal training, research, product/service development, operation of Company's business, and other commercial purposes (the "License").

This License includes the right to: use, reproduce, copy, host, store, publish, exhibit, display, perform, broadcast, transmit, distribute, edit, modify, crop, adapt, translate, create derivative works from, combine with other materials, and otherwise exploit the Content, in whole or in part, in any media now known or later developed, including digital media, paid ads, websites, apps, email, social media, SMS, TV, film, radio, streaming, out-of-home, print, and in-store.

Company may use the Content with or without attribution to you (including with or without your name, username, likeness, or voice), in Company's sole discretion.

4. Testimonials / Endorsements

To the extent your Content includes a testimonial, review, or endorsement (a "Testimonial"), you represent and warrant that:

a) the Testimonial is true and accurate and reflects your personal experiences and honest beliefs;

b) you are a real customer of Company; and

c) you made the Testimonial of your own free will.

Company may edit a Testimonial, including for length, clarity, formatting, and translation, provided the original content is not misrepresented.

5. No Payment; No Obligation to Use

You acknowledge and agree that:

a) Company will have the right to all proceeds resulting from its use of the Content;

b) You will receive no compensation (monetary or otherwise) from Company in connection with the Content or these Terms, except if Company separately agrees in a signed writing; and

c) Company has no obligation to use the Content.

6. Rights You Are Giving Up (Approval; Moral Rights)

You waive (to the maximum extent permitted by law):

a) any right to inspect or approve any use of the Content, any finished materials, or any advertising copy;

b) any "moral rights," droit moral, or similar rights in the Content; and

c) any right to royalties or other consideration arising from Company's use of the Content (except as expressly agreed in a signed writing).

If any moral rights cannot be waived, you agree not to assert them against Company.

7. Your Promises (Ownership, Permissions, No Infringement)

You represent, warrant, and agree that:

a) You own or control all rights necessary to grant the License for the Content (including all rights in any audio/sound recording and any underlying composition to the extent included), and you have not granted conflicting rights to any third party that would limit these Terms.

b) The Content does not infringe or violate any copyright, trademark, privacy, publicity, contract, or other third-party right.

c) If the Content includes any other person (including their name, image, likeness, and/or voice), you have obtained all necessary written permissions/releases from them (and from a parent/guardian if required).

d) The Content does not contain unlicensed samples, beats, music, or other third-party materials requiring payment or permissions to use the Content as contemplated by these Terms.

e) There is no threatened or pending claim, dispute, or litigation relating to the Content.

8. Release of Claims; Covenant Not to Sue

To the maximum extent permitted by law, you hold harmless and release Company and its officers, directors, members, employees, consultants, contract employees, agents, and representatives, and each of their respective successors and assigns (the "Company Releasees"), from all claims, demands, and liabilities of any kind arising out of or in connection with Company's use of the Content, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity. I will not make any claim against Company for its use of the Content.

9. Indemnity (You Cover Third-Party Claims)

You will indemnify, defend, and hold harmless the Company Releasees from and against any losses, damages, liabilities, claims, actions, judgments, settlements, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees and the costs of enforcing any right to indemnification under these) arising out of or related to:

a) any breach (or alleged breach) of your representations, warranties, or obligations under these Terms; or

b) any claim that the Content (or Company's permitted use of it) infringes, misappropriates, or violates a third party's rights.

11. Privacy Policy

Your privacy is important to us. You acknowledge the Mindbody Privacy Policy, which is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to our collection, use, and disclosure of your personal information.

12. Age and Authority

You represent that you are at least 18 years old and have the legal right and authority to agree to these Terms. If you are agreeing on behalf of a business/entity, you represent you have authority to bind that entity.

13. Arbitration Agreement

PLEASE READ THE FOLLOWING CAREFULLY:

a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and Company Releasees. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Company Releasees shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees).

The term "Dispute" means any dispute, claim, or controversy between you and Company Releasees arising out of or relating to any aspect of your relationship with Company Releasees, the Content, and/or these Terms (including the formation, performance, or alleged breach), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. Notwithstanding the foregoing, either you or Company Releasees may elect to bring an individual action in small claims court provided, however, that if the case is subsequently removed from small claims court it will be subject to the procedures set out herein.

b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Company Releasees an opportunity to resolve the Dispute by mailing written notification (hereinafter, a "Pre-Arbitration Demand") to Company Releasees - Pre-Arbitration Demand, Attention: Legal Department, 689 Tank Farm Rd, Suite 230, San Luis Obispo, 93401. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. That Pre-Arbitration Demand must include (1) your name, (2) your telephone number, email address, residential address, and mailing address, if different than your residential address, (3) a written description of the Dispute, (4) a description of the specific relief you seek, including whatever amount of money is demanded and the means by which you calculated the claimed damages, and (5) your signature.

Following your Pre-Arbitration Demand, before you submit a dispute to arbitration, you must engage in good faith in an informal negotiation process, as specified in this paragraph. This informal negotiation must include an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Company Releasees (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually attend and participate. Company Releasees will participate in the Conference through one or more representatives, which may include our counsel. Following the informal negotiation, if Company Releasees do not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.

You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitration administrator or arbitrator shall dismiss any arbitration filed that does not strictly comply with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Dispute Resolution section, either you or Company Releasees may initiate arbitration proceedings. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply unless required otherwise by applicable law. For Disputes brought as part of mass arbitration, the JAMS Mass Arbitration Procedures and Guidelines will apply. Mass arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

e) Authority of the Arbitrator. Except as expressly provided herein, the arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Company Releasees. Other than as expressly provided in this Arbitration Agreement and the applicable arbitration rules, the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company Releasees.

f) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.

g) Payment of Arbitration Fees and Costs. If Company initiates arbitration against you, Company will pay all arbitration fees, including the entire filing fee. If you initiate arbitration against Company Releasees, you will be responsible for the applicable initial filing fee (not more than a court filing fee), and Company will pay all other administrative fees. Each party will pay its own attorneys' fees unless applicable law states otherwise.

h) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or Company may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the party that declined the offer shall not recover their post-offer costs and shall pay the offering party's costs (including all fees paid to the arbitral forum) from the time of the offer.

i) Class Action Waiver. Any Disputes shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other licensor of content, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to any Dispute. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Company Releasees and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Disputes against Company Releasees in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

j) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Company Releasees are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Company Releasees might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. YOU AND COMPANY RELEASEES WAIVE ALL RIGHTS TO A JURY TRIAL in any litigation between you and Company Releasees over whether to vacate or enforce an arbitration award and elect instead to have the dispute be resolved by a judge serving as the finder of fact.

k) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

l) Continuation. This Arbitration Agreement shall survive the termination of your contract with Company.

14. Choice of Law; Forum

These Terms shall be governed in all respects by the laws of the State of New York, United States, without regard to conflict of law provisions, consistent with the United States Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York, New York, United States, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York, New York, United States for the purpose of litigating all such claims or disputes. Nothing in these Terms shall deprive you of the protections afforded to you by the mandatory laws of the country in which you reside or prevent you from bringing claims in the courts of your country of residence where such rights cannot lawfully be waived.

15. Miscellaneous

a) Entire Agreement. These Terms are the entire agreement regarding the Content and supersede prior discussions on the subject.

b) Severability. If any part is unenforceable, the remainder will remain in effect.

c) Assignment. Company may assign these Terms without restriction.

d) No Waiver. A waiver must be in writing to be effective.

e) No Class Action. You agree that you may only pursue disputes against Company Releasees in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.