BOX BARRE – TERMS AND CONDITIONS
Please read these Terms & Service carefully before using www.boxbarre.co.uk as this Agreement sets forth the legally binding terms and conditions for your use of the Box Barre site and facilities.
As well as agreeing to your terms of service, as a member you agree to the follow the rules relating to using our clubs and club rules.
BOX BARRE POLICIES, RULES AND REGULATIONS
PAY AS YOU USE
Upon purchasing a ‘pay as you use’ Box Barre sessions/packs, you are agreeing to the terms below and are entering into a fixed term expiry agreement based on the package you have purchased:
PAY MONTHLY MEMBERSHIP TERMS
Upon purchasing a monthly membership, you are agreeing to the terms outlined below and are entering a contract arrangement (specific arrangement listed on the membership, prior to purchase).
You must be physically present 5 minutes prior to the start of your scheduled workout or your spot may be given to a waitlist client. Box Barre reserve the right to deny entry to any workout.
CANCELLATION OF WORKOUTS AND NO-SHOWS
You must cancel workout 6 hours in advance or you will be deducted that session (unlimited memberships will be subject to a £10 charge for not following the correct cancelation procedure). This includes switching time slots under the 6-hour notice time period and session no shows. You may cancel your workout through our online system or by calling the applicable studio directly.
Persons who purchase ANY ‘unlimited’ membership package are subjected to a penalty charge for either a late cancel or a ‘no show’ should they not cancel their reservation within the allotted 6-hour window.
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
Always leave your zone (including, but not limited to, equipment, towel, drinks bottle) in an appropriate manor before moving on to the next station.
Do not leave anything on any walk way or outside of the zone’s perimeter (including, but not limited to, equipment, towel, drinks bottle).
If recovering from injury or illness, notify the instructor prior to workout start time.
As long as you have not used the facilities, you can contact us and tell us that you want to cancel your membership without giving any reason within 14 days of agreeing to the terms of membership. If you do this, we will refund any joining fee and any membership fees which you have paid to us. You must inform us of your decision to cancel your order. You may submit your request by contacting us at firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication within the 14-day period has expired.
After this initial 14 day cooling off period (see above) You may not end your membership fees within your initial commitment period (unless medical proof is provided stating you can no longer take part in this type of exercise). If you are outside of your initial commitment period, we require 30 days’ notice, in writing too email@example.com or through the website/app.
As applicable, workouts and membership packages are non-refundable. No exceptions.
We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plea with you to be modest in your initial membership purchases, and to make sure you like us, can reach the venue and like what we do before making extravagant purchases.
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns will be provided without a receipt. For questions or support with online purchases or returns, please contact firstname.lastname@example.org
If you want to freeze your membership, you can let us know in writing via email@example.com on, or before the 20th of the month, if you want to freeze your membership for the following month(s). You can freeze between one and three calendar months (this can be extended due to medical reasons – where by proof in the form of a Doctor’s note will be required). There will be a freeze fee of £20 per month after the initial freeze month (which will be complimentary), instead of the pre agreed monthly fee for that month.
Your freeze period will not count towards your one-month notice period or as a month you agreed to commit too at the point of joining. You cannot use the club during this freeze period (unless you will to buy individual sessions (not applicable for a medical freeze). Your membership type and rate will automatically return to what they were immediately before the first day of your current freeze period.
TERMINATION AND MEMBERSHIP CANCELLATION
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or session packages.
We also have the right to suspend your membership (and refuse your entry to the clubs) until you have paid the full amount you owe, and the right to take legal action to recover this amount.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services, including studio workouts, the Site, and mobile apps.
In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.
Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Box Barre via your mobile phone, (ii) the ability to receive and reply to Box Barre messages, (iii) the ability to browse Box Barre from your mobile phone and (in) the ability to access certain Box Barre features through a mobile application you have downloaded and installed on your mobile phone. We do not charge for the Mobile Services. However, your network provider’s normal messaging, data and other rates and tees will still apply. You should check with your network provider to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your network provider, and not all Mobile Services may work with all network provider or devices. Therefore, you should check with your network provider to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.
THIRD PARTY SITES
Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You acknowledge that Box Barre charges fees for its services, and subject to the applicable law, Box Barre reserves the right to change its fees from time to time in its discretion.
INTELECTUAL PROPERTY RIGHTS
The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Box Barre, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Box Barre.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Box Barre, it’s icon and other graphics, logos, wordmarks, and designs are trademarks of Box Barre in the UK and/or other countries for which applications are pending. Box Barre trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Box Barre.
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a non-confidential basis, is voluntary, gratuitous, unsolicited and without restriction, and Box Barre does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Box Barre the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Box Barre does not waive any rights to use similar or related feedback or ideas known to Box Barre, developed by Box Barre employees, or obtained from other sources.
ENTIRE AGREEMENT NO WAIVER
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, Government guidelines or other similar circumstances. You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY BOX BARRE ENTITIES TO YOU
By attending workouts, events, activities, and other programs provided by us, using the Box Barre studio facilities and equipment, and/or using the Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Box Barre’s workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Box Barre strongly recommends that you consult with a physician prior to commencing any workout. You acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the Box Barre Entities.
We are providing the service, including the site and mobile apps, on as “as is” and “as available” basis, without warranty of any kind, express or implied. Without limiting the foregoing, Box Barre entities expressly disclaim any all warranties and conditions of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the service; or (2) The quality or conduct of any third party you encounter in connection with your use of services.
You agree that to the maximum extent permitted by law, Box Barre entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Box Barre entities will not be liable for indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss off data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.
Your sole remedy for dissatisfaction with the services is to cease use of the services.
Without limiting the foregoing, Box Barre entities maximum aggregate liability to you for losses or damages that you suffer in connection with the services is limited to the amount paid to us in connection with the services in the 12 months prior to the action giving rise to liability.
Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. As a result, the above limitation and exclusions may not apply to you in whole or in part.
SEVERABILITY AND WAIVER
A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
For any unlawful purposes, or that could violate any applicable national, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Box Barre is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
YOUR PERSONAL INFORMATION
If you have confirmed that you are happy to receive offers and updates from us, we will keep you updated by post and electronic methods (for example, email, SMS and MMS) about promotions, special offers and discounts from Box Barre that we think may be of interest to you. If you have confirmed that you are happy to receive third party promotions, special offers and discounts, we will send you details of other carefully selected organisations, companies and individuals so that we or they may send you marketing information about their promotions, special offers and discounts which may be of interest to you. We or they may send this information by post and electronic methods (for example, email, SMS and MMS).
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: firstname.lastname@example.org