These Terms of Service (the “Terms”) are a legally binding contract between you and FORTY FIVE BOXING LLC (“FORTY FIVE BOXING”, “we” or “us”) and set forth the terms and conditions for your use of or access to the Services. As used herein, the term “Services” means, collectively, https://www.fortyfiveboxing.com/ or any other websites operated by Forty Five Boxing from time to time (collectively, the “Site”), our mobile applications (“Apps”), any services provided at our clubs and any other services that we provide that include a link or reference to these Terms or our Privacy Policy.

 

By accessing and/or using any of the Services (including, without limitation, visiting or browsing the Site, downloading any Apps, providing information or contributing other content or materials to the Site or via the Apps, visiting our clubs or purchasing any membership, classes or equipment), you agree to be legally bound and abide by these Terms. You are only authorized to access and/or use the Services if you agree to abide by these Terms and all applicable laws. PLEASE READ THESE TERMS CAREFULLY AND SAVE THIS LINK. If you do not agree with any of the Terms or any changes we make to the Terms, you should leave the Site or App and discontinue access and/or use of the Services immediately. 

 

IMPORTANT NOTICE: THESE TERMS CONTAIN BINDING DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, INCLUDING A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, AS DETAILED BELOW THAT AFFECT YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

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Our Privacy Policy, available at https://www.fortyfiveboxing.com/privacy-policy is incorporated into these Terms by reference (the Terms and Privacy Policy are referred to together herein as the “Agreement”).

Last Updated: August 11, 2021

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1. CHANGES TO THIS AGREEMENT

We reserve the right to update and modify the Terms at any time, in our sole discretion, by updating the Site with the last modified date or requiring you to agree to the updated Terms on the App. We may, in our sole discretion, provide notice to you of such modifications via email, posted notice on the Site or Apps, or other manner. Regardless of whether such notice has been provided, by using the Services after we have updated the Terms, you are agreeing to all of the modified Terms; if you do not agree with any of the modified Terms, you must stop using the Services.

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2. ACCESSING THE SERVICES AND ACCOUNT SECURITY

In order to access or use the Services, you may be asked to provide certain details or other information (including, without limitation, your name, date of birth, address, email address and password, and credit card information) or create an account. You may not use any other person’s account to access or use any Services. By providing such information, you represent, acknowledge and agree that all of the information you provide to us is correct, current and complete; your failure to provide complete and accurate information may result in the termination of your access to or use of the Services. 

You further represent, acknowledge and agree that you are at least 18 years of age or the age of legal majority in your jurisdiction of residence, or, if you are under 18 years of age or the age of legal majority in your jurisdiction of residence (a “Minor”), that you are using the Services with the consent of your parent or legal guardian who has agreed to the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Services, including all legal liability and payment obligations such Minor may incur. If you are not at least 13 years old, you may not use the Site or the Apps. 

From time to time, in our sole discretion, we may restrict access to some or all parts of the Services, including in-person classes, the Site and Apps.

If you are asked to create an account, you acknowledge and agree that you are solely responsible for the activity that occurs on your account, that you will keep your account password secure and confidential, and that you will notify us immediately of any breach of security or unauthorized access or use of your account.

 

3. PROHIBITED USES

You agree that you will use the Services only for legitimate an lawful purposes and in accordance with these Terms. You further agree that you will not, directly or indirectly, yourself or via an affiliate:

a. Use the Services for any unlawful purposes, or in any manner that could violate any applicable federal, state, local, or international law or governmental regulation, rule, order or ordinance;

b. Use the Services to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may be harmful or inappropriate to us or other persons using the Services or expose us or them to liability;

c. Use the Services for any commercial purpose;

d. Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps, or any other party’s use of the Services;

e. Use any robot, spider or other automated device, process, or means to access the Services for any purpose;

f. Introduce any viruses, trojan horses, worms, logic bombs, malware, ransomware, or other material which is malicious or technologically harmful;

g. Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or

h. Otherwise attempt to interfere with the proper working of the Services or any other person’s use thereof or access thereto.

 

4. CLUB POLICIES, RULES, AND REGULATIONS 

A. CANCELLATIONS: YOU MUST CANCEL CLASS AT LEAST 24 HOURS IN ADVANCE OF THE SCHEDULED START TIME FOR YOUR CLASS, OR YOU WILL BE DEDUCTED THAT CLASS WITHOUT REFUND. This includes switching time slots during the 24-hour notice time period, and includes classes initially booked during the 24-hour notice time period. You may cancel class through our online system. If you have purchased an unlimited or all access membership, you may be subject to a penalty charge for a late cancel or no-show if you do not cancel your reservation prior to the 24-hour window. 

B. RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT AT LEAST 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT AND YOU WILL NOT BE REFUNDED OR CREDITED A CLASS.

C. FEES AND REFUND POLICY. You acknowledge that Forty Five Boxing charges fees for its services and, subject to the applicable law, Forty Five Boxing reserves the right to change its fees from time to time in its sole discretion. Classes and membership packages are non-refundable. No exceptions. We do not offer refunds on purchases for our services, beyond your statutory rights. We encourage you to be modest in your initial membership purchases, and to make sure you enjoy the services we provide, can reach the location on time, and enjoy what we offer before making large 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.

D. NON-RECORDING OF LIVE IN-PERSON/ONLINE CLASSES AGREEMENT: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Forty Five Boxing classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Forty Five Boxing. Our instructors are not authorized to provide such consent. This includes even a temporary recording/transmission via online platforms such as SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive, non-disparaging content related to your participation in an online or in-person class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any of the Services. You further agree to indemnify, defend, and hold harmless Forty Five Boxing, and its affiliates’ officers, directors, shareholders, employees, agents, instructors, successors and assigns from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.

E. PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in any of our clubs or liable for any loss, damage or theft thereof. You assume all risk of loss, damage or theft for any of your personal belongings.

F. INJURY OR ILLNESS; MEDICAL DISCLAIMER: If you are recovering from injury or illness, or have known sensitivities, please notify the instructor prior to class start time. You acknowledge and agree that you are participating in the Services at your own risk and any reliance on any instructions or information provided by us or our instructors and other personnel, or by other customers/members or users, is solely at your own risk. You should consult your physician or other health care practitioner before starting any exercise program. Forty Five Boxing and its instructors and other personnel are not medical professionals and opinions or advice offered by such persons are not intended to be a substitute for, and should not be relied on as, professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something that has been told to you by an instructor or other personnel of Forty Five Boxing, or by our other customers/members, or that you have read on the Site or Apps. Forty Five Boxing does not recommend or endorse any specific products, procedure, opinions, or other information that may be mentioned on the Site or Apps, or in any of our clubs.

 

5. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase memberships, classes and merchandise, (ii) the ability to receive and reply to messages, (iii) the ability to browse or link to other sites from your mobile phone and (iv) the ability to access certain features through the Apps (collectively the “Mobile Services”). Your phone carrier’s normal messaging, data and other rates and fees will apply to such services and access. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

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6. TERMINATION & SURVIVAL 

You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local club directly via phone or email (subject to Section 4.C above). We may terminate your access to the Services, including your account or membership at any time, in our sole discretion, with or without cause, reason, warning or notice. 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 class packages.

The following provisions will survive termination of this Agreement: Section 6 (Termination & Survival); Section 9 (Intellectual Property Rights); Section 13 (Governing Law), Section 14 (Dispute Resolution and Binding Arbitration Agreement); Section 15 (Indemnification); Section 16 (Disclaimers, Release and Limitation of Liability); Section 17 (Covid-19 Pandemic Limitation of Liability); Section 19 (Assignment); as well as any other provision that, in order to give proper effect to its intent, should survive such termination.

 

7. THIRD-PARTY SITES 

Our Services 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 Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

 

8. NON-HARASSMENT POLICY 

Forty Five Boxing strongly disapproves of any inappropriate, offensive or unwelcomed conduct by its personnel or its members and participants. If you believe you have been subject to inappropriate, offensive or unwelcomed conduct by any Forty Five Boxing personnel, members or participants, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (only to the extent you are comfortable doing so). In addition to taking any other actions you are entitled to by law, we also ask that you promptly notify a member of the Client Experience Team at info@fortyfiveboxing.com

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify club location and time/type of class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

We will strive to promptly and appropriately investigate any reported incidents and seek to provide due process for all parties. Our responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. Further, we will strive to maintain confidentiality throughout the investigative process to the extent reasonably practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below.

 

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Site and Apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (collectively, “Content”) and the trademarks, service marks, logos, branding and other intellectual property contained therein (the “Marks”), are owned by or licensed to Forty Five Boxing, and are subject to copyright, trademark, patent and other intellectual property rights under law. Forty Five Boxing provides you a limited, personal, non-exclusive and non-transferable license to use the Site, Apps and Content only as expressly permitted by these Terms. Content on the Site and the Apps is provided to you “as is” for your information and personal use only and solely as permitted by these Terms, and may not be downloaded, copied, reproduced, decompiled, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. It is expressly prohibited for you to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Site or Apps including the Content and Marks in any manner. We reserve all rights not expressly granted by the Agreement in and to the Services, the Content and the Marks. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to Forty Five Boxing are non-confidential and shall become the sole property of Forty Five Boxing.

You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or Apps or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, the Apps or the Content therein.

“Forty Five Boxing LLC” and the related icons, graphics, logos, wordmarks, and designs found on the Site and Apps are registered trademarks of Forty Five Boxing in the U.S. and/or other countries or for which applications are pending. Forty Five Boxing’s 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 an authorized corporate officer of Forty Five Boxing.

 

10. FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (“Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and neither Forty Five Boxing nor any of its directors, officers, owners, affiliates, representatives or agents have any legal, fiduciary or other duty as a result of receiving your Feedback. You hereby grant us 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. Forty Five Boxing does not waive any rights to use similar or related feedback or ideas known to us, developed by our employees, or obtained from other sources.

 

11. ENTIRE AGREEMENT & NO WAIVER 

The Agreement, and any other legal notices published on the Services or at any club location, as each may be updated or modified from time to time, shall constitute the entire agreement between you and Forty Five Boxing concerning the Services, and supersede all prior terms, agreements, discussions, statements (oral or written) and writings regarding the Services. If any provision of the Agreement is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

No waiver of any term of the Agreement 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 Agreement shall not constitute a waiver of such right or provision.

 

12. SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances; you acknowledge and agree that you are not entitled to any refund or rebate related to any of the foregoing.

 

13. GOVERNING LAW.

The Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. 

 

14. DISPUTE RESOLUTION AND BINDING ARBITRATION AGREEMENT 

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY. 

IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, 

INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

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A. INITIAL ATTEMPT TO RESOLVE DISPUTES. We are available by email at info@fortyfiveboxing.com to address any concerns you may have regarding your use of the Services. In order to initiate a formal dispute process, you must also mail written notification to Forty Five Boxing LLC , 4354b Dacy Ln Suite 3 Buda, TX 78610, which notice must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. You and Forty Five Boxing agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations prior to either party initiating a lawsuit or arbitration. 

 

B. AGREEMENT TO BINDING ARBITRATION. 

If we are not able to resolve your complaint or if you and Forty Five Boxing do not reach an agreed upon solution within a period of forty-five (45) days after our receipt of your mailed written notification, then either party may initiate binding arbitration. Any dispute, claim, or controversy between you and Forty Five Boxing arising out of or relating to the Agreement (including its formation, validity, enforceability (with the exception of the enforceability of the Class Action Waiver set forth below), performance and breach, including breach of the arbitration agreement)), your use of the Services, and/or your and our relationship, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief (a “Dispute”), shall be finally settled by binding arbitration as set forth herein. “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

Notwithstanding the above, you or Forty Five Boxing may choose to pursue a Dispute in court and not by arbitration (a) if the Dispute qualifies for and is initiated in small claims court or, to the extent it has jurisdiction, an equivalent authority; or (b) if YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (I.E., THE DATE YOU FIRST USE OR ACCESS ANY SERVICES) (the “Opt-Out Deadline”). You may opt out of this arbitration provision by mailing written notification to Forty Five Boxing LLC, 4354b Dacy Ln Unit 3 Buda, TX 78610. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Forty Five Boxing through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with Forty Five Boxing. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court (or, to the extent it has jurisdiction, an equivalent authority).

 

C. ARBITRATION PROCEDURES

If these arbitration provisions apply and the Dispute is not resolved as provided above either you or Forty Five Boxing may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or 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 only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of these arbitration provisions.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1 (800) 778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1 (800) 352-5267. These arbitration provisions govern in the event they conflict with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

To the extent the Services and/or these Terms concern interstate commerce, the Federal Arbitration Act will govern the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with such act 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 will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

E. LOCATION OF ARBITRATION. You agree that you or Forty Five Boxing may initiate arbitration in either Buda, Texas or the federal judicial district that includes your billing address.

 

F. PAYMENT OF ARBITRATION FEES AND COSTS. We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Forty Five Boxing as provided in the section above titled “Initial Attempt to Resolve Disputes” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

 

G. CLASS ACTION WAIVER. Except as otherwise provided in this arbitration provision, 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, consolidated action, representative action, or private attorney general action) unless both you and Forty Five Boxing specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the arbitration provisions, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

H. WAIVER OF JURY TRIAL. You understand and agree that by entering into these Terms, to the extent that a civil jury trial would otherwise be available to you and Forty Five Boxing, you and Forty Five Boxing are each waiving the right to a jury trial or a trial before a judge in a public court (except where applicable law prohibits such a waiver). In the absence of this provision, you and Forty Five Boxing might otherwise have had 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). Except as otherwise provided below, those rights are waived. 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 or may also be waived.

 

I. SEVERABILITY

If any clause within these arbitration provisions (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these arbitration provisions, and the remainder of these arbitration provisions will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be decided by a court.

If these arbitration provisions as a whole are not enforceable for any reason, then, except where ‎prohibited by ‎law‎, you agree that exclusive jurisdiction and venue in any legal ‎proceeding directly or ‎indirectly arising out of or relating to any ‎Dispute will be ‎decided in the courts located in the Buda, Texas.

 

J.SURVIVAL

These arbitration and dispute resolution provisions shall survive the termination of your Services. Notwithstanding any provision in these Terms to the contrary, we agree that if Forty Five Boxing makes any change to these arbitration and dispute resolution provisions (other than a change to the Notice Address), you may reject any such change and require Forty Five Boxing to adhere to the present language in this these arbitration and dispute resolution provisions if a dispute arises between you and Forty Five Boxing.

 

15. INDEMNIFICATION

You agree to release, indemnify, hold harmless and defend Forty Five Boxing and its affiliates’ parents and subsidiaries, suppliers, licensors, partners, officers, directors, managers, owners, employees, instructors, agents, representatives, heirs, successors and assigns from all third-party claims, liabilities, damages and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; or (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense and to the extent it would not give rise to a conflict of interest) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

 

16. DISCLAIMERS, RELEASE AND LIMITATION OF LIABILITY 

 

PLEASE READ THIS SECTION CAREFULLY.

IT LIMITS THE LIABILITY OF FORTY FIVE BOXING 

AND RELATED PERSONS TO YOU.

 

A. By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of Forty Five Boxing, whether online or in an Forty Five Boxing facility or using/accessing our equipment and/or the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives, successors and/or assigns, that (a) there are certain inherent risks and dangers in the strenuous nature of the Forty Five Boxing workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that Forty Five Boxing strongly recommends that you consult with a licensed physician prior to commencing any classes or physical activities; (d) 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, bodily injury or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, liability, claim, cost or damages, whatsoever, Forty Five Boxing and its and its affiliates’ parents and subsidiaries, suppliers, licensors, partners, officers, directors, managers, owners, employees, instructors, members, agents, representatives, heirs, successors and assigns (collectively, the “Forty Five Parties”) arising from or related to, directly or indirectly, any injury, harm or loss you may suffer, including property damage or loss, bodily injury, or death, as a result of participation in or use of any of the Services or any activities associated with Forty Five Boxing.

 

B. If you are enrolling a Minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said Minor, and we may require your signature on a separate release and waiver document. A Minor may participate only with a parent or legal guardian’s permission, and we may require the physical presence of a parent or legal guardian in our sole discretion in order for a Minor to participate.

 

C. WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, AND ANY CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE FORTY FIVE PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND 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.

 

D. 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 SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

 

E. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORTY FIVE PARTIES WILL NOT BE LIABLE TO YOU OR YOUR HEIRS, SUCCESSORS OR ASSIGNS, UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORTY FIVE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE/ACCESS OF, OR INABILITY TO USE/ACCESS, ANY OF THE SERVICES.

 

F. THE FORTY FIVE PARTIES DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FORTY FIVE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE, ON THE APPS, IN OUR FACILITIES/CLUBS OR THROUGH THE SERVICES, OR THE CONDUCT OF USERS OF THE SITE, APPS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPS, OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPS, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE, OUTSIDE OF OUR FACILITIES OR IN PERSON.

 

G. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS FORTY FIVE BOXING AND ITS AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY DEALINGS WITH OUR FRANCHISEES), OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY, INCLUDING, IN EACH CASE, WITH RESPECT TO THIRD PARTY SITES THAT WE PROVIDE LINKS TO VIA THE SERVICES.

 

H. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.

 

I. WITHOUT LIMITING THE FOREGOING, THE FORTY FIVE PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, DIRECTLY OR INDIRECTLY, IS LIMITED TO THE AMOUNT PAID TO US BY YOU IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

 

J. Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. As a result, the above limitations and exclusions may not apply to you in whole or in part. Further, your use of the Services may be subject to consumer protection laws that provide you with certain warranties, guarantees, rights and remedies that cannot be excluded (“Non-excludable Guarantees”). Nothing in these Terms (including the disclaimers and limitations of liability) will be read or applied so as to exclude, restrict or modify any Non-excludable Guarantees, however, to the extent permitted by law, the Forty Five Parties’ liability is limited to the statutory remedies (if any) available for breach or failure to comply with the Non-excludable Guarantees.

 

17. COVID-19 PANDEMIC LIMITATION OF LIABILITY 

 

A. We take the COVID-19 pandemic very seriously and we have put in place preventative measures to help reduce the spread of COVID-19; however, we cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at an Forty Five Boxing LLC may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Forty Five Boxing clubs and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at Forty Five Boxing may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, our employees, members, and attendees.

 

B. By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other programs of Forty Five Boxing, whether in a one of our facilities or using our equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives, successors and/or assigns, and any Minor you may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members or others you come in contact with in connection with attendance at Forty Five Boxing or as a result of participation in our programs; and (b) release and covenant not to sue, the Forty Five Parties, or any one of them, in connection with any of the foregoing, including in connection with all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of the Forty Five Parties, whether a COVID-19 infection occurs before, during, or after attending our club facilities or participating in any of our programs. Some states do not allow waiver of certain types of risks, so the above limitations may not all apply to you.

 

18. CONTESTS AND PROMOTIONS

Any contests, raffles, surveys, games, loyalty programs or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules and terms and conditions (“Promotion Terms”) that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If any Promotion Terms conflict with these Terms, the Promotion Terms will govern.

 

19. ASSIGNMENT 

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our 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, heirs and assigns.

 

20. SEVERABILITY AND WAIVER

A failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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.

 

21. NOTIFICATIONS

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. We are not responsible for any automatic filtering that you or your network provider may apply to such notifications.

 

22. CONTACTING US 

If you have any questions about the Terms or the Privacy Policy in relation to any of the Services, please contact us at: info@fortyfiveboxing.com