Terms and Conditions – Kickboxing Zone LLC
- Application of These Terms And Conditions
This website is operated by Kickboxing Zone LLC dba Kickboxing Club (“KBXC”, “we”, “our”, “us”). These terms and conditions (“Terms”) govern your relationship with KBXC, including, but not limited to, your use of the KBXC Website www.kickboxingclubfitness.com (the “Website”) and the Kickboxing Club Fitness Mobile Application (the “App”), your purchase of KBXC classes, your rights to cancel your purchase of KBXC classes, your registration for classes, your purchase of merchandise, your communication with KBXC, and your use of and attendance at KBXC’s studios.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Informal Dispute Resolution
At KBXC, we believe that every member matters. Our goal is to do our best to ensure that every experience with KBXC will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com or write to us at Kickboxing Club 25355 Crenshaw Blvd. Torrance, CA 90505. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
- Arbitration Agreement
By accepting the Terms, you and KBXC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if KBXC initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving KBXC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against KBXC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and KBXC regarding any aspect of your relationship with KBXC, 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, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
- How Will the Arbitration Work?
Either you or KBXC may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or KBXC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
- 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.
- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
- Where Will the Arbitration Be Held?
You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that KBXC initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case KBXC may initiate the arbitration in California.
III. KBXC Agreement
- Use of the Site by Minors
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. KBXC does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for KBXC classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 16 years of age and who have submitted a Waiver Form signed by a parent or guardian, may sign up for KBXC classes online.
In order to make a reservation, you must first buy a 5 Day Trial, 10 Class Pack, Drop in Class or a Membership package. To buy a 5 Day Trial, you must be a first timer at the studio and may purchase here: www.kickboxingclubfitness.com/first-timers. To purchase 10 Class Pack, you may do so on the KBXC Mobile App or MINDBODY App. To purchase memberships, you must visit a studio and purchase those in person.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you get jammed up and cannot book a class in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but KBXC will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a KBXC studio. You can reserve classes online up to 1 month in advance.
Your credit/debit card will be charged for your order when you buy your class or series of classes. KBXC will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that KBXC may incur in its efforts to collect any unpaid balances from you.
- CONSUMERS’ RIGHT TO CANCELLATION
You have the right to cancel your purchase of KBXC classes. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or Kickboxing Club 25355 Crenshaw Blvd. Torrance, CA 90505
KBXC will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Community members shall have the option to receive the refund either to the original method of payment or KBXC credit.
- ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to email@example.com or Kickboxing Club 25355 Crenshaw Blvd. Torrance, CA 90505
You may cancel your contract in any of the following circumstances.
- If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, KBXC will refund you the purchase price of your unused class or classes.
- If you die, KBXC will refund your representative the purchase price of your unused class or classes.
- If you move your residence more than 50 miles from a KBXC studio location, you may cancel your purchase and KBXC will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
- If KBXC stops offering classes, you may cancel your purchase.
- Cancellation Policy for Reservations
In order to cancel a reservation in a KBXC class and return it to your account, we ask that you cancel at least 2 hours prior to class. We will not deduct any classes from your account.
You can cancel your reservation in the following ways:
- Log into your account on the Website or the App, and, next to the class you wish to cancel, press “unreserve”.
- Call the studio where you’re booked to cancel the class for you.
FOR PARTICIPANTS & MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 4 minutes before class begins, we will hold a reservation for up to 10 minutes after class begins. Participants & members who are more than 10 minutes late will not be admitted into class as it is too disruptive.
FOR PARTICIPANTS & MEMBERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
- Types Class Formats Offered at Kickboxing Club
Kickboxing Club offers the following classes at its discretion, some of which are offered only periodically while others are offered on a recurring basis:
Strength & Kickboxing 60 – Mix of High Intensity Interval Training mixed with Upper Body Boxing Workouts and Kickboxing Workouts.
- Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of KBXC, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness kickboxing and exercise equipment in association with the Classes and use of the Facilities. Kickboxing Club Classes are small group classes led by a Kickboxing Club instructor. Kickboxing Club may require additional private lessons of any participant before permitting entrance into Kickboxing Club Classes. Kickboxing Club reserves the right to remove a participant from a Kickboxing Club Class in its sole discretion.
You agree to be solely responsible for my safety and well-being both during Kickboxing Club Classes and my individual use of the Kickboxing Club facilities.
You understand that Kickboxing Club provides limited supervision, instruction, or assistance for the use of the Kickboxing Club facilities and equipment.
You agree to comply with all rules imposed by Kickboxing Club during classes and regarding the use of the facilities and equipment.
You agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using the facilities or any equipment in a manner inconsistent with their intended design and purpose.
You understand and acknowledge that participation in Kickboxing Club Classes, the use of facilities and use of equipment involve risk of serious injury, including permanent disability and death. You assume all the risks.
You are aware that this is a release of liability between Kickboxing Club and yourself.
- Links/Third Party Websites
KBXC has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the KBXC logos, please understand that it is independent from KBXC, and that KBXC has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with KBXC.
- Texts and Calls
We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that KBXC may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting “STOP” in response to any text you receive from us or contacting us at firstname.lastname@example.org and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at email@example.com and specifying you want to opt-out of calls to your phone number. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.
- Intellectual Property Rights
The trademarks and trade dress of KBXC are proprietary to KBXC and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, KBXC. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of KBXC, is strictly prohibited.
You acknowledge that KBXC and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. KBXC may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
- Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of KBXC to use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
- Not Authorized to Use This Website for Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of KBXC’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any KBXC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, KBXC’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user’s permission to use KBXC’s material will automatically terminate and any copies made of KBXC’s material must be immediately destroyed.
Any unauthorized use of KBXC’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
- Warranty Disclaimer and Limitation of Liability
In no event will KBXC be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of KBXC classes, your rights to cancel your purchase of KBXC classes, your registration for classes, your purchase of merchandise, your communication with KBXC, and your use of and attendance at KBXC’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if KBXC expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by KBXC on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. KBXC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
- Choice of Law
The Terms are governed by the laws of the State of California, without regard to California’s choice of law provisions, except for any disputes concerning the interpretation and enforcement of the above Arbitration Agreement, which shall be governed by the Federal Arbitration Act. Except as provided above as to those Disputes you or KBXC submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
- Acceptance of Terms
By using the Website or App, purchasing a KBXC class, registering for a KBXC class, purchasing merchandise, and/or using or attending a KBXC class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a KBXC class, registering for a KBXC class, purchasing merchandise, and/or using or attending a KBXC class.
Occasional changes may be made to this document to reflect changes in KBXC’s policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying KBXC classes, registering for classes, buying merchandise, and/or using and attending KBXC’s studios, you agree to be bound by any such revisions. Community members are encouraged to check this document periodically to stay informed of current guidelines.
- Contact Us
If you have any questions about these Terms you can reach us at firstname.lastname@example.org.
EFFECTIVE DATE: September 16, 2019