TERMS OF SERVICE

Last Updated: September 2026

Welcome to BNKR. These Terms of Service (“Terms”) govern your use of the BNKR website, purchase of passes, participation in BNKR sessions and events, and use of related services, platforms, and communications (collectively, the “Services”).

By accessing the website, purchasing a pass, creating an account, registering for a session, or participating in a BNKR experience, you agree to these Terms.

1. ABOUT BNKR

BNKR provides immersive fitness and movement experiences incorporating elements that may include physical exercise, dance, electronic music, live DJs, amplified sound, theatrical or rapidly changing lighting, elevated temperatures, and other experiential elements.

BNKR is operated by Katalyst Live LLC, doing business as BNKR Techno Fitness (“BNKR Techno Fitness”, “BNKR,” “we,” “us,” or “our”). By booking or participating in a BNKR experience, you acknowledge that Katalyst Live LLC is the legal entity with which you are entering this agreement. All terms, conditions, and obligations outlined in this agreement are between you, the participant, and Katalyst Live LLC, the owner and operator of BNKR.


2. ELIGIBILITY

You must be at least 18 years old to purchase a pass or participate in a BNKR session unless we expressly state otherwise.

By purchasing a pass or participating, you represent that you are legally capable of agreeing to these Terms.


3. PASSES & REGISTRATION

A BNKR pass grants admission to the specific session for which it was purchased, subject to these Terms and any additional conditions disclosed at the time of purchase.

Passes are subject to availability and may sell out.

Unless otherwise stated, passes do not guarantee admission if you arrive after the stated check-in or late-entry cutoff.

We reserve the right to modify session schedules, instructors, DJs, programming, venue locations, or other elements when reasonably necessary.


4. CANCELLATIONS, TRANSFERS & REFUNDS

Unless otherwise stated at the time of purchase, all pass sales are final. This policy exists because BNKR experiences involve significant upfront planning, staffing, venue commitments, and production costs incurred well before each Session.

If BNKR cancels a session, pass holders will be offered a refund, credit, transfer, or other remedy as required by applicable law.

Failure to attend a session does not automatically entitle you to a refund or credit.

Chargeback & Policy Abuse

Any attempt to:

- Circumvent refund policies
- Initiate unwarranted chargebacks
- Falsely claim unauthorized transactions

Constitutes a material breach of this Agreement and may result in permanent removal from the Night Owls community, denial of future participation, recovery of disputed funds, and reporting to payment processors.


5. PHYSICAL ACTIVITY & ASSUMPTION OF RISK

BNKR sessions involve physical activity. Participation may involve risks including, but not limited to, fatigue, dehydration, overheating, dizziness, falls, collisions, muscle strains, sprains, cardiovascular stress, and other injuries.

The environment may also include loud music, flashing or rapidly changing lights, darkness, fog or atmospheric effects, and elevated temperatures.

By participating, you acknowledge that these activities and environmental conditions involve inherent risks and voluntarily choose to participate with an understanding of those risks.

You are responsible for determining whether participation is appropriate for you and for exercising reasonable judgment regarding your own physical condition and limitations.

You may slow down, modify your movement, take a break, leave the floor, hydrate, or stop participating at any time.


6. HEALTH & SAFETY

You should not participate if you are experiencing an illness, injury, or other condition that could make physical activity unsafe.

If you have concerns regarding whether BNKR is appropriate for you, including concerns relating to physical exertion, heat, loud sound, flashing lights, or other environmental conditions, consult an appropriate healthcare professional before participating.

BNKR does not provide medical advice, diagnosis, or treatment.

In the event of an emergency, you authorize BNKR personnel to contact emergency medical services when reasonably deemed necessary.


7. RELEASE OF LIABILITY

To the fullest extent permitted by applicable law, you acknowledge and voluntarily assume the inherent risks associated with participation in BNKR activities.

You agree that BNKR, its legal operating entity, owners, officers, employees, contractors, instructors, DJs, agents, venue partners, and affiliates will not be responsible for injuries, losses, or damages arising solely from the inherent risks of voluntary participation, except to the extent liability cannot legally be waived or limited.

Nothing in these Terms is intended to waive any right or remedy that cannot lawfully be waived under applicable law.

BNKR may require participants to execute a separate participant waiver and release before attending a session.


8. PERSONAL PROPERTY

You are responsible for your personal belongings while attending BNKR.

To the fullest extent permitted by law, BNKR is not responsible for lost, stolen, forgotten, or damaged personal property except where caused by conduct for which liability cannot legally be excluded.


9. COMMUNITY STANDARDS

BNKR is built around movement, music, community, and release.

Participants and community members are expected to treat others with respect and behave in a manner that does not interfere with another person's ability to safely enjoy the experience.

Harassment, discrimination, threatening behavior, unwanted physical contact, deliberate interference with another participant's space, or conduct that creates an unsafe environment may result in removal from a session or the BNKR community.

BNKR reserves the right to refuse admission or remove a participant when reasonably necessary to protect the safety, operation, or experience of the community, subject to applicable law.


10. YOUR SPACE & PHYSICAL CONTACT

BNKR is designed around individual movement within a shared environment.

Participants should respect the physical space of others and avoid unwanted physical contact.

Participation in a BNKR session does not constitute consent to physical contact, photography, communication outside the session, or any other interaction.


11. PHOTOGRAPHY & RECORDING

BNKR may photograph or record certain sessions or events.

BNKR may take photographs or videos during the experience for promotional or marketing purposes. By participating, you consent to the use of your image in such materials without compensation. If you do not wish to be photographed or recorded, please inform your guide prior to the start of the experience.

Commercial use of any content created during the experience is prohibited without the express permission of BNKR.

BNKR may provide notice and/or obtain permissions as appropriate. Any separate photo or media release presented to you will govern BNKR's use of your identifiable image or likeness.

Participants must comply with any photography, recording, or phone policies announced for a particular session.


12. COMMUNITY & DISCORD

BNKR may operate online community spaces, including Discord or other third-party platforms.

Participation in these spaces is subject to these Terms, BNKR's community rules, and the applicable platform's own terms and policies.

Public conversation is encouraged, but harassment, spam, impersonation, unwanted solicitation, or repeated unsolicited direct messaging of community members may result in restricted access or removal.

BNKR may moderate its community spaces and remove content or users when reasonably necessary to maintain the community.


13. WELLNESS DRINKS & OTHER PRODUCTS

Certain BNKR sessions may include complimentary beverages, refreshments, samples, or other products.

Ingredients may vary. Participants are responsible for reviewing available ingredient and allergen information and determining whether a product is appropriate for them.

The inclusion of a product or beverage does not constitute medical, nutritional, or health advice.


14. THIRD-PARTY EVENTS & RECOMMENDATIONS DISCLAIMER

From time to time, BNKR may recommend events, venues, or experiences that align with our coverage of nightlife, raves, EDM, and visual/performance arts. These recommendations are provided for informational purposes only and do not constitute an endorsement, sponsorship, or guarantee of safety, quality, or experience.

By choosing to attend any event, venue, or experience based on our recommendations, you acknowledge and agree that your participation is entirely at your own risk. BNKR is not responsible for the actions, policies, or conduct of any event organizers, venues, performers, staff, or attendees. We assume no liability for any loss, injury, damage, or other consequences that may arise before, during, or after your participation in these third-party events.

We encourage you to exercise your own judgment and discretion when attending events and to familiarize yourself with the policies and guidelines of the respective venues and organizers.


15. INTELLECTUAL PROPERTY

The BNKR name, logos, designs, graphics, photographs, videos, written content, session concepts, and other proprietary materials are owned by or licensed to BNKR and may be protected by trademark, copyright, and other intellectual property laws.

You may not reproduce, distribute, commercially exploit, or create unauthorized derivative works from BNKR materials without permission.

By participating in BNKR discussions, events, or digital platforms (including but not limited to WhatsApp groups, Discord servers, online forums, and in-person gatherings), you acknowledge and agree that:

1. Voluntary Idea Submission: Members may share thoughts, concepts, or ideas related to events, experiences, or community initiatives. Any idea shared within BNKR is considered a voluntary submission and not confidential or proprietary.

2. Shared Rights & Use: BNKR reserves the right to develop, use, modify, or implement any idea shared within the community, including those similar to or inspired by member contributions. By sharing an idea, you agree that both you and BNKR have the non-exclusive right to use, develop, or implement that idea independently, without obligation for compensation, credit, or further permissions.

3. No Obligation or Exclusivity: BNKR is not obligated to use or credit any specific idea and retains full discretion over which contributions, if any, are integrated into its events, branding, or initiatives. Similarly, members remain free to use their own ideas outside of BNKR.

4. Respect for Intellectual Property: This clause does not grant BNKR ownership over any pre-existing intellectual property, trademarks, or copyrighted materials created by members outside of the community. Members are responsible for ensuring that their shared ideas do not infringe on third-party rights.

By engaging in BNKR platforms and discussions, you acknowledge and accept this mutual agreement regarding idea sharing.


16. WEBSITE USE

You agree not to misuse the BNKR website or Services, including by attempting to interfere with their operation, gain unauthorized access to systems or accounts, distribute malicious software, scrape content in violation of applicable law, impersonate another person, or use the Services for unlawful purposes.


17. THIRD-PARTY SERVICES

BNKR may use third-party services for payments, ticketing, communications, community features, analytics, or other functionality.

Your use of those services may also be governed by the third party's terms and privacy practices.

BNKR is not responsible for third-party services except as required by applicable law.


18. TEXT & EMAIL COMMUNICATIONS

If you choose to subscribe to BNKR emails, you may receive information about session releases, DJs, events, community updates, and other BNKR news.

If you separately opt in to SMS communications, BNKR may send text messages to the number you provide. Message and data rates may apply. Message frequency may vary.

You may unsubscribe from marketing emails using the unsubscribe link contained in those communications and opt out of marketing text messages by replying STOP.

Consent to receive marketing communications is not required to purchase a BNKR pass.


19. PRIVACY

Our collection and use of personal information is described in the BNKR Privacy Policy.

By using the Services, you acknowledge that your information will be handled as described in that policy and applicable law.


20. CHANGES TO SESSIONS OR SERVICES

BNKR is an evolving experience. We may add, modify, suspend, or discontinue aspects of the Services, including session formats, schedules, locations, amenities, programming, and community features.

Material changes affecting an existing purchase will be handled in accordance with applicable law and the applicable cancellation/refund policy.


21. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website and Services are provided on an “as available” basis.

BNKR does not guarantee that the website will always be uninterrupted or error-free or that any particular session, DJ, instructor, amenity, or programming element will always be available.

Nothing in these Terms excludes warranties or protections that cannot legally be excluded.


22. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, BNKR and its owners, employees, contractors, agents, affiliates, and partners will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.

Any limitation contained in these Terms applies only to the extent permitted by applicable law.


23. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless BNKR and its operating entity from third-party claims, damages, or expenses arising from your unlawful conduct, violation of these Terms, or infringement of another person's rights.


24. GOVERNING LAW

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute relating to these Terms or the Services will be resolved in accordance with applicable law and any separately agreed dispute-resolution provisions.


25. CHANGES TO THESE TERMS

We may update these Terms from time to time.

When we make material changes, we will update the “Last Updated” date and provide any additional notice required by applicable law.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.


26. CONTACT

Questions about these Terms may be directed to:

BNKR
Katalyst Live LLC
hello@bnkrtechnofitness.com
Brooklyn, New York


COMMUNITY STANDARDS

Participation in BNKR sessions and community spaces is also subject to our Code of Conduct, which outlines the standards we ask everyone sharing the floor and our community to follow.

READ THE CODE OF CONDUCT