Effective date 7.1.2020
I. APPLICATION OF TERMS AND CONDITIONS (THE “GRIT BOXING AGREEMENT”)
Welcome to GritBxng.com. This website is owned and operated by Change Your Life LLC. Please read this entire Terms and Conditions Policy (hereafter referred to as the “T&C Policy”) carefully, as it affects your rights and obligations. The T&C Policy governs your relationship with Grit Boxing, including your use and/or purchase of its website, products, tools, equipment, resources, information, and facility, as well as potential dispute management.
By accessing our website and the information, resources, services, products, and tools provided, you understand and agree to abide by and adhere to all provisions of the T&C Policy as stated below, as well as those terms, policies, conditions, agreements, waivers and contracts referenced within this T&C Policy.
The headings of sections and paragraphs herein are solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the T&C Policy.
Should any provision of the T&C Policy be determined by a court of competent jurisdiction or applicable administrative agency to be invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions of the T&C Policy shall not be affected or impacted in anyway, and the invalid, illegal or unenforceable provision shall be severed from and deemed not to be a part of the T&C Policy.
II. CHANGES TO T&C POLICY
From time to time the T&C Policy may be updated and changed. Changes to this document will be posted on our website and through the mobile application. It is your responsibility to keep up to date on any changes and to read any updated T&C Policy carefully, as changes could affect your rights and obligations.
III. INFORMAL DISPUTE RESOLUTION
Here at Grit Boxing, we believe in giving you the opportunity to change your life for the better. While we constantly strive to provide you with the best product, service and experience possible, we understand that, as with all high impact and technical sports, there is a potential for disputes to arise. Given our commitment to your satisfaction, we invite you, as a first course of action, to contact us directly with any issues or concerns. We ask that you contact us in the below manner, and not rely on instructors or other staff to appropriately address issues and concerns of significant importance.
In order to contact us with your issues or concerns, please e-mail us at firstname.lastname@example.org or write to us at Grit Boxing, 9 East 16th Street, New York, NY 10003. In your correspondence please provide: (a) your name; (2) your address; (3) the best phone number to reach you at; (4) a description of your issue or concern; and (5) a description of the relief your seek.
IV. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
a. ARBITARATION AGREEMENT
In the event that any issue, concern or dispute cannot be remedied by means of Informal Dispute Resolution, as described above, you agree, except as may otherwise be provided in this agreement, that the sole and exclusive forum and remedy for any and all disputes and claims relating to or arising out of the T&C Policy, the website, mobile application, and other services, shall be final and binding arbitration.
Arbitration will be conducted pursuant to the Federal Arbitration Act (Title 9 of the United State Code), which shall govern the interpretation and enforcement of this arbitration clause of the T&C Policy.
By signing this T&C Policy, you agree, except as may otherwise be provided in this agreement, that any and all disputes which arise after the signing of this T&C Policy will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury.
All disputes arising under this provision shall be arbitrated by the American Arbitration Association in accordance to its rules and regulations. The judgment of the arbitrator will be final and will not be subject to appeal.
b. CLASS ACTION WAIVER
By signing this T&C Policy, you agree that all claims and disputes within the scope of the arbitration provision will be resolved on an individual basis and not as a class action. Claims of more than one customer or user cannot be consolidated or jointly arbitrated with any other customer or user subject to the T&C Policy.
By signing this T&C Policy, you further agree that any and all claims deemed to be outside of the arbitration provision will be resolved on an individual basis and not as a class action. Claims of more than one customer or user cannot be consolidated or jointly litigated with any other customer or user subject to the T&C Policy.
You further agree that neither you, nor anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class action or consolidated proceeding against Grit Boxing.
In the event that the enforceability of the Class Action Waiver clause is contested by any party as to its validity or enforceability, that determination may only be made by a court of competent jurisdiction and not by an arbitrator.
Under the terms of the T&C Policy, a dispute subject to the Arbitration Clause and Class Action Clause, sections IV(a) and IV(b) respectively, shall not include the following: (1) claims regarding lost, stolen or damaged property; (2) claims that the Class Action Clause is invalid; (3) claims that Arbitration Clause is invalid; and (4) claims for injunctive relief.
V. GRIT BOXING AGREEMENT
a. ELIGIBILITY TO USE SERVICES
The GritBxng.com website and its mobile application are intended for the sole use of users who are 18 years of age and older. Any registration by, use of or access to the GritBxng.com website or its mobile application by anyone under the age of 18 is unauthorized and in violation of the T&C Policy. By signing the T&C Policy, you represent and warrant that you are 18 years of age or older. Only those individuals 18 years or older may legally use the GritBxng.com website and its mobile application.
b. USE OF WEBSITE BY MINORS
The use of GritBxng.com and any mobile applications is not intended for those under the age of 18. Grit Boxing does not accept the online registration of minors. Please do not attempt to register through the website nor the mobile application if you are under the age of 18.
c. RESERVATIONS AND CHARGES
Grit Boxing is a pay per class fitness studio, and requires no membership. In order to make a reservation, you must first purchase a single class or multi-class package. Class purchases may be made after signing up and creating an account along with a unique password.
Both single and multi-class packages are available for purchase, and come with their own expiration schedule, which will be noted at the time of purchase. At the time of drafting of this T&C Policy, the following expiration schedule is in effect: (1) single classes expires after 30 days; (2) 10 class packages expire after 90 days. However, expirations are subject to change, and should be noted at the time of each purchase, as special events and deals may have their own expiration schedules.
Take special note that at the time you select and purchase a class or multi-class package, you are charged for the full amount of your class selection. You will not be charged for the class at the time of use. While the price of classes is subject to change, any change in the price of individual classes or multi-class packages will not affect your ability to utilize your purchased classes within the applicable expiration period.
Should you purchase a class or multi-class package at one price and the price of classes increases within the applicable expiration period, you will not be charged the difference.
Should you purchase a class or multi-class package at one price and the price of classes decreases within the applicable expiration period, you will not be credited the difference in the purchase price.
d. GIFT CARDS
Gift cards may be purchased online or in person and can be used to purchase classes, multi-class packages, and merchandise. Classes and multi-class packages purchased with gift cards are subject to the same terms and conditions as if they were purchased by other means, and expire just like any other class or multi-class package that you may buy.
Gift cards are subject to New York and Federal law, and expire after 5 years. Gift cards are not redeemable for cash.
In using the GritBxng.com website and mobile application, you agree not to post any hateful, degrading, harmful, sexual, or lude comments. You further agree not to use the GritBxng.com website or mobile application as political vehicles or for your own commercial use. Use of the GritBxng.com website or the mobile application for solicitation of any kind is prohibited. The use of the GritBxng.com website and mobile application are intended only for the cultivation of our community and is for the sole use of customers in seeking information as to our products and services as well as purchasing the same. Grit Boxing reserves the right to deny access to any person it deems to act in violation of this provision or in an inappropriate or unsafe manner.
In using Grit Boxing’s fitness studio, equipment, and rental equipment, you agree to abide by all posted etiquette and safety signs within the studio. You agree that at all times you will make use of the Grit Boxing fitness studio, equipment, and rental equipment in a courteous way that does not affect the safe and enjoyable use of the same by staff and other users. You further agree to utilize the fitness studio, equipment, and rental equipment in a safe manner within your physical limits. Grit Boxing reserves the right to deny access to and the use of its fitness studio, equipment, and rental equipment if it deems a person to be acting in an inappropriate or unsafe manner, in violation of this provision or otherwise.
In helping to keep the fitness studio safe and clean, we ask that all customers utilize any provided cleaning products to wipe your area clean after use. It is also recommended that you wipe your area clean prior to use.
ii. PERSONAL BELONGINGS
You agree that Grit Boxing and its staff are in no way responsible for the safekeeping of your personal belongings. While Grit Boxing may provide lockers or cubbies for storage while you are at the fitness studio, such provision is solely for your convenience, and Grit Boxing cannot ensure, not does it purport to ensure, the safety of your valuables within such lockers or cubbies. It is encouraged that you lock or otherwise safeguard all valuable while utilizing the fitness facility. You assume all risk of loss for any of your personal belongings.
f. YOUR ACCOUNT
Passwords are more than just the name of your pet, they are also an important part of your account and its security. It is your responsibility to maintain the confidentiality of your account and password and to limit access to your account through computer and mobile devices. We recommend that you take care in selecting and maintaining your password. New York State’s Office of Information Technology Services has provided a short news letter discussing choosing and protecting your password, which can be found at https://its.ny.gov/newsletter/creating-secure-password. We strongly suggest that you review this material, along with others, before creating your account and password.
Please be advised, that you are responsible for all content, transactions, and purchases conducted from your account. You are further responsible for any and all damage to Grit Boxing that is attributable to the use of your account.
ii. USE OF YOUR ACCOUNT
By signing this T&C Policy you agree not to provide false information when creating, maintaining and using your account. You may not create an account using a false identity or by using anyone’s information other than your own. Your account is for your personal use only. You may not disclose your password or account information with a third party.
By signing this T&C Policy you agree to notify Grit Boxing immediately if you suspect unauthorized use of your Account.
iii. USE OF OTHER’S ACCOUNT
The use of another member’s account is prohibited. By signing this T&C Policy you agree not to use the account, username, or password of another Grit Boxing member.
g. ELECTRONIC SERVICES
Grit Boxing’s offered services may include use of internet websites, mobile applications, and text messaging (together “Mobile Services”). The use of Grit Boxing’s Mobile Services is provided without charge by Grit Boxing. While Grit Boxing does not charge for these services, your internet, phone or cable provider may charge for these services. Normal messaging, data, and other rates and fees of your provider will still apply. It is suggested that you check with your provider prior to using Grit Boxing’s Mobile Services to determine how their use may affect your charges.
The installation and use of certain Mobile Services may be incompatible with certain internet, cable, and phone providers, and not all services may be available on all electronic devise. It is recommended that prior to using Grit Boxing’s Mobile Services, you check to ensure compatibility with your devices and internet, cable and phone providers.
In using Grit Boxing’s Mobile Services, you agree that Grit Boxing may communicate with you using SMS, MMS, text message, electronic mail or other electronic means to your mobile device(s) and that certain information about your usage of the Mobile Services may be communicated to us.
In signing this T&C Policy, you agree that use of our Mobile Services is done at your own discretion and risk. You agree that you are solely responsible for any and all damage to your computer or electronic device or for any loss of data that may result from the use or download of our Mobile Services.
h. CONSUMER RIGHT TO CANCELLATION
i. CLASSES AND MULTI-CLASS PACKAGES
There is a five (5) day cancelation policy for all purchased classes and multi-class packages. You may cancel the purchase of a class at any time prior to midnight of the fifth business day after the date of your purchase, excluding holidays.
Please be advised that cancelations may not be conducted through telephonic means. In order to cancel and receive a refund of your canceled amount, you must mail or e-mail a signed and dated notice stating that you are canceling your purchase. Notices can be emailed to email@example.com or mailed to Grit Boxing, 9 East 16th Street, New York, NY 10003. Classes and multi-class packages may also be canceled in person, and will also require a signed notice of your intent to cancel.
Grit Boxing will refund the purchase price of your unused classes within 10 days of receiving notice of your cancelation.
ii. CANCELATION FOR RESCHEDULING
Reserved classes may also be canceled and credited back to your account, subject to the provisions under this section. In the event that you reserve a class and wish to reschedule its use, you may do so up until 8:00pm the day prior to said class. In order to cancel that class, you must call the Grit Boxing fitness studio that you have made your reservation at. A staff member will assist you in canceling and rescheduling your class.
Classes canceled within the provisions of this section are re-credited to your account for future use within the class’s original expiration time frame. Cancellation of a class for rescheduling does not extend the expiration date in which the class may be used. All classes and multi-class packages must be used within their applicable expiration dates, as determined at the time of purchase.
i. LATE POLICY / LEAVING EARLY
For the safety of all participants and to preserve the quality of our workouts, participants will not be allowed access to a class later than 5 minutes after the class start time.
We also ask, for safety and for the sake of all participants, that you notify your instructor prior to the start of class if you are planning on leaving early.
j. WAIVER AND RELEASE
By signing this T&C Policy you acknowledge that you have read and understand this Waiver and Release provision of the T&C Policy.
You acknowledge that there are inherent risks and dangers associated with participation in boxing, fitness classes, and the use of equipment in association with classes and services provided by Grit Boxing. Boxing and the classes equipment and training services provided by Grit Boxing (together “Fitness Activities”) are considered to be high impact and high intensity activities, for which many risks cannot be eliminated, regardless of precautions and safety equipment utilized. The use of “soft” bags, boxing gloves, wraps, and other equipment is intended to reduce the impact on your body and to provide for a safer fitness experiences. However, the use of such equipment does not eliminate the risks associated with the provided Fitness Activities. You acknowledge that certain risks associated with the provided Fitness Activities range from, but are not limited to: muscle fatigue, minor scrapes, bruises, and sprains to joint and back injuries, heart attacks, concussions, paralysis and even death.
In participating in any provided Fitness Activities you represent and affirm that you are in a physical shape high enough to withstand the Fitness Activities in which you perform. You agree not to participate in any Fitness Activity that you know your body cannot withstand and to cease any and all provided Fitness Activities if you should feel faint, dizzy, nauseous, concussed, or should you experience any joint, muscle, or bone pain, and to notify a staff member immediately.
You acknowledge and agree that all statements and directions of Grit Boxing staff are intended to be educational as well as motivational, and should never be construed as or substituted for medical advice. Should you be unable to keep up with the intensity of a provided Fitness Activity, it is your responsibility to modify, reduce the intensity of the provided Fitness Activity, or cease the Fitness Activity.
You agree to use certain safety equipment, such as boxing gloves and wraps, as instructed and/or required by Grit Boxing staff. You further agree to use all equipment only as instructed by Grit Boxing Staff and to cease usage of any equipment when requested to do so by Grit Boxing Staff.
In participating in any provided Fitness Activities, you agree to comply with all rules, safety signs, and verbal instructions given to you by staff.
You acknowledge that the provided Fitness Activities present a risk to individuals even when they are not actively participating in a Fitness Activity as bags, elbows, hands, legs, knees and bodies of other participants can cause accidental or inadvertent injury while you are present in the studio. Therefore, you agree to actively engage in your surroundings while present in Grit Boxing Fitness Studios as to avoid injury to yourself and others.
In signing this T&C Policy and in consideration of participation in any provided Fitness Activities, you agree that you are responsible for any and all injuries or damages sustained by you or your property as a result of your presence in the Grit Boxing Fitness Studio and/or your participation in a provided Fitness Activity. You further agree to release, indemnify, and hold harmless Grit Boxing, Change Your Life LLC, and any of their parents, subsidiaries, affiliates, officers, directors, members, employees, representatives, agents, successors, heirs and assigns from any and all claims, actions, suits, costs, damages and liabilities to the fullest extent of law, arising from your presence in the Grit Boxing Fitness Studio and/or your participation in a provided Fitness Activity.
You agree that you have no physical or mental condition that would prevent you from properly and safely participating in any provided Fitness Activity, and that should such a condition exist or come to exist, you will notify Grit Boxing immediately of such an impairment, and cease participation in the provided Fitness Activity until such a time when the activity is again safe for you to perform.
If, at any time, a Grit Boxing staff member believes that you are at physical risk in your further or continued participation in a provided Fitness Activity, you understand and agree that you may be required to cease said activity and/or be denied access to the Fitness Activity. The opinion of a staff member may be, but is not necessarily, overruled as to their assessment upon your provision of a letter from your medical doctor, obtained at your own cost, expressing your fitness to participate in the Fitness Activity.
Special Limitation of Liability Related to COVID-19
Grit Boxing takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Grit cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at Grit 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 a Grit studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at Grit may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Grit’s employees and members.
By accepting this document, booking a class online, and/or attending in person classes, events, activities, and other programs and/or entering the Grit studio facilities, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child 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/or death) that may occur to you or your family members in connection with attendance at Grit or as a result of participation in Grit Services ("Claims"), and (b) covenant not to sue Grit Boxing, Change Your Life LLC, and any of their parents, subsidiaries, affiliates, officers, directors, members, employees, representatives, agents, successors, heirs and assigns, for the Claims, including 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 Grit, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering Grit's studio facilities or participating in any Grit Activity.
You agree that you have read and understand this Waiver Provision of the T&C Policy and that you have been given the opportunity to ask any questions regarding this Waiver Provision and that you have received satisfactory answers to any such questions
k. USE OF WEBSITE/MOBILE APPLICATION
i. GENERAL USE
In using the GritBxng.com website and/or Grit Boxing’s mobile application you do so at your own risk. Grit Boxing is not responsible for the information that you choose to publicly share on its website or mobile application.
You agree not to use the website or mobile application for your own commercial or business purposes. You further agree not to use the website or application for your own political or social use.
You agree that Grit Boxing and Change Your Life LLC will not be held liable for any damages, direct or indirect, resulting from the use of its website or mobile application.
ii. LINKS AND THIRD PARTY WEBSITES
Grit Boxing is not responsible for the content of any advertisements that may be present on the GritBxng.com website, nor its Grit Boxing responsible for any of the links or third party websites linked to the GritBxng.com website. Should you choose to click on any link or advertisement, you do so at your own risk. Grit Boxing has no authority or control over third party websites that may be accessible through the use of its website or mobile application.
l. PRIVACY RIGHTS/POLICY
From time to time, Grit Boxing may take photographs or videos of certain Fitness Activities for marketing and business use. You agree, by participating in provided Fitness Activities, to allow Grit Boxing to take photographs and videos or your participation in said activities. You further agree that Grit Boxing may publicly post, reproduce, publish, or otherwise make available said photographs and videos for business and marketing purposes and that you cede any and all rights for use of said photographs and videos to Grit Boxing and Change Your Life LLC.
Grit Boxing collects information concerning the domain name of each visitor to GritBxng.com. Information such as what pages you visit or access is also collected, and is used to improve the content, format, and accessibility of our website.
We collect e-mail addresses only from those users who contact us via e-mail or otherwise provide us with such information. Phone numbers are collected for emergency use as well as user updates and confirmations, if so provided.
m. INTELLECTUAL PROPERTY RIGHTS
The Grit Boxing logo is the intellectual property of Grit Boxing and Change Your Life LLC and may not be used without the consent of Grit Boxing and Change Your Life LLC. All trademarks, logos, icons, graphics, and other depictions, including website design are the intellectual property of Grit Boxing and Change Your Life LLC. You have the right to view an utilize the website and mobile application for your own use, but may not copy portions or pages of the same or use the website or mobile application for any purpose other than those consistent with the management of your personal account and utilization of the services for making payments, purchasing classes, or taking advantage of any educational materials that may be provided for that purpose.
n. GOVERNING LAW
The use of the GritBxng.com website and mobile application are controlled by New York law. By using the website and mobile application, no matter where you may by physically located, you agree that the laws of the State of New York will apply.
The T&C Policy shall be construed and governed in accordance with the laws of the State of New York. In all circumstances permitted under this T&C Policy, any conflict, claim or suit will be resolved under the laws of the State of New York and can be brought only in the courts of the State of New York.
By signing this T&C Policy, your agree to the exercise of personal jurisdiction by the New York State courts in any matter arising from this T&C Policy and the use of the website or mobile application, unless otherwise stated in this T&C Policy.
You agree to release, indemnify, and hold harmless Grit Boxing, Change Your Life LLC, and any of their parents, subsidiaries, affiliates, officers, directors, members, employees, representatives, agents, successors, heirs and assigns from and against any and all claims, actions, suits, costs, reasonable attorney’s fees, damages and liabilities to the fullest extent of law, arising from your use of the mobile application, use of the GritBxng.com website, presence in the Grit Boxing Fitness Studio and/or your participation in a provided Fitness Activity.
p. CONTACT US
If you should have any questions regarding this T&C Policy or your rights and obligations stemming therefrom, you can contact us at:
9 East 16th Street
New York, NY 10003.
q. ACCEPTANCE OF TERMS
By signing this T&C Policy you accept the terms, conditions, provisions, obligations and rights of this policy, as laid forth above. Your continued use of the website, mobile application, and provided Fitness Activities is controlled by this T&C Policy. If you do not accept these terms, conditions, provisions, obligations and rights, you must refrain from use of the website, mobile application, and provided Fitness Activities.