ASSUMPTION OF RISK, WAIVER, AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where Fitbox is providing services (individually and/or collectively, the “Classes and Studios”) of Berg Sports, LLC dba Fitbox Method ( “Fitbox”), I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in any class or in the use of any exercise equipment in association with the Classes and Studios. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Fitbox staff, I would be at physical risk participating in Fitbox’s Classes or in using the equipment therein, I understand and agree that I may be denied access to the Classes and Studios until I furnish Fitbox with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Fitbox’s concerns and stating that Fitbox’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Studios, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studios, (2) release, indemnify, and hold harmless Fitbox, its direct and indirect parent, subsidiary or affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Studios, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Fitbox’s Classes and Studios, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Fitbox’s Classes and Studios, and should not be participating in any Classes.
I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Fitbox under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Studios and that Fitbox shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else therein. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
ETIQUETTE: To preserve the Fitbox sanctuary, I agree to abide by FitBox’s Rules and Regulations found on Fitbox studio walls and those Terms and Conditions found on FitBox’s website (www.fitboxmethod.com).
Fitbox reserves the right to deny access to any person Fitbox deems to be acting in an inappropriate or unsafe manner.
June 10, 2017
This document describes the terms and conditions (“Terms and Conditions”) for Berg Sports, LLC dba FitBox Method (the “Owner” or “Fitbox Method”) at http://www.fitboxmethod.com (the “Site”). Owner reserves the right to revise these Terms and Conditions with or without cause and at any time. If Owner makes any substantive changes, it will update the date noted above, and provide notice of any change. The services offered by the Owner include but are not limited to the use of this Site and participation in any classes and/or use of any Fitbox Method studio and the equipment contained therein (the “Fitbox Method Services”). These Terms of Service set forth the legally binding terms for your use of the Fitbox Method Services. By using the Fitbox Method Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Fitbox Method website) or you are a “Member” (which means that you have registered with Fitbox Method and/or purchased one or more Fitbox Method Services). The term “User” refers to a Visitor or a Member.
GENERAL POLICIES AND TERMS
You must be over 18 years old to participate in Fitbox Method group classes.
Classes and private lessons must be prepaid online prior to class.
Sales are final. Classes are non-refundable, exchangeable, or transferable. Packages and contracts cannot be shared between people, family members or locations.
We accept VISA, MASTERCARD, AMERICAN EXPRESS or cash. No checks are accepted at the studio.
We operate on a strict 8 hour cancellation policy, please see our buy page at www.fitboxmethod.com for more information.
Class packages expire (12) months from the date of purchase. Single class pass expires 45 days after purchase, unless stated otherwise.
Mobile Phones are not allowed into the studio
Glass bottles and food are not allowed into the studio.
Arrive at least 10 minutes prior to any class. If you are not physically present and have not signed in within 5 minutes of any class, your spot may be released to an individual on a waitlist.
All injuries must be reported to the instructor, and it is within the instructors discretion to determine whether you may be allowed to participate in a class.
You will be obligated to obtain a doctors note to participate in a class if you are pregnant
Shoes are required at all times inside the studio.
Towels are required during class.
Students may not vary from instructed exercises.
Put away all equipment at the end of class.
You agree that the Owner is 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.
PACKAGES POLICIES AND TERMS
Unlimited packages have one class per day limit.
A valid credit card must be saved in your online account for any late cancellation or no show fees. If it is declined on the next auto renew, you will be charged a $25 administration fee.
Contracts and auto-renews may not be frozen at any time. You may cancel your month to month membership with a 30 day notice. Any payments within the 30 day notice will be charged at the time of notice in order to terminate membership. If you have a 6 or 12 month commitment, you may cancel with a 30-day cancellation notice after your required 6 or 12 month commitment has been completed. The written notice must be sent via email to Info@fitboxmethod.com OR via mail to:
1756 N. Bayshore Dr. STE 119
Miami, FL 33132
We require a 8-hour notice before making cancellations or class changes. There are no exceptions, so please don’t ask. Phone calls are not an acceptable form of cancellation. You must sign into your Fitbox Method account tor send us an email to Info@fitboxmethod.com. We will charge a $15 fee each time you cancel or reschedule a class without a 8-hour notice or you may forfeit a class credit if you are considered a no show.
Reserved classes must be changed or canceled without penalty 8 hours prior to the scheduled class at www.fitboxmethod.com under My Account, on the Fitbox Method mobile app, or by sending an email to Info@fitboxmetyhod.com. Each class not cancelled 8 hours before the class scheduled will result in a later fee of $15.00 charged directly to member’s credit card or a forfeited class credit.
For any first time introductory rate user who got a free class, and does not show up, a no show fee of $15 will be charged. Fitbox Method’s free introductory rate is only available for clients with local Florida I.D.
Not showing up to a reserved class will be considered a “no-show” and result in a forfeit of one class credit. Five (5) minutes before a class begins no show spots will open up to the waitlist. If you arrive Ten (10) minutes late, you will not be granted access to class and will forfeit a class credit. Classes and memberships are non-transferable and non-refundable.
Class waitlist are available on a first come, first served basis through email and mobile app push notification. Five (5) minutes before a class begins empty or no show spots will open up to the waitlist.
Class packages expire (12) months after purchase with exception to the one class pass. When you purchase a single class pass, it expires within 45 days after purchase.
Unless otherwise declared in writing, Fitbox Method memberships may be cancelled on 30 day written notice for the month to month membership types. Any payment due within the 30 day notice period will be charged at the time of notice to terminate the membership. For members who have a 6 or 12 month commitment you may only cancel with a 30 day termination notice only after the required (6) month or (12) month membership package length. Your classes roll over week to week and restart per cycle (30 days). Minimum “Freeze or Suspension” period is 30 days and insures a freeze fee of $19/cycle. Maximum number of cycles per freeze is two cycles and/or two months
Unless otherwise declared in writing, membership fees will reoccur monthly until cancelled by the member in accordance with our cancellation policy (see above). The monthly fees will be charged automatically and approximately on the same day of the month that the original purchase was made.
TERMS OF SERVICE
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.fitboxmethod.com/terms. Owner may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
In order to access some features of the website, you will have to create a Fitbox Method account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fitbox Method immediately of any breach of security or unauthorized use of your account. Although Fitbox Method will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Fitbox Method or others due to such unauthorized use.
These Terms of Service shall remain in full force and effect while you use the Fitbox Method Services or are a Member. Except as otherwise set forth herein, you may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page. Fitbox Method may terminate your membership at any time, with or without cause, without warning and if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Fitbox Method charges fees for its services, and Fitbox Method reserves the right to change its fees from time to time in its discretion. If Fitbox Method terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
Fitbox Method hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Owner’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Fitbox Method reserves the right to discontinue any aspect of the Fitbox Method website at any time.
USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Fitbox Method website. The content on the Fitbox Method website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Fitbox Method, 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. Fitbox Method reserves 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 Fitbox Method website or the Fitbox Method Services, provided by you to Company are non-confidential and shall become the sole property of Fitbox Method. 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 Fitbox Method website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fitbox Method website or the Content therein.
The Fitbox Method Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Fitbox Method Services via your mobile phone, (ii) the ability to receive and reply to Fitbox Method messages, (iii) the ability to browse Fitbox Method from your mobile phone and (iv) the ability to access certain Fitbox Method features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier 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 carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Fitbox Method and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
YOU HAVE BEEN ADVISED AND ACKNOWLEDGE THAT IF YOU HAVE ANY PHYSICAL DISABILITY OR DISABLING MEDICAL CONDITION, YOU MAY BE AT GREAT RISK IN USING THE FITBOX METHOD’S FACILITIES. YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND YOU HAVE NO CONDITION, ILLNESS OR DISEASE THAT MAY MAKE YOUR USE OF THE FITBOX METHOD’S FACILITIES INJURIOUS TO YOU OR OTHER USERS OF FITBOX METHOD. IF YOU SHOULD DEVELOP ANY SUCH CONDITION, ILLNESS OR DISEASE, YOU AGREE TO DISCONTINUE YOUR USE OF THE FACILITIES UNTIL YOU HAVE RECEIVED AN APPROPRIATE MEDICAL RELEASE FROM YOUR DOCTOR AUTHORIZING YOU TO CONTINUE USING THE FACILITIES. YOU FURTHER AGREE TO INDEMNIFY AND HOLD FITBOX METHOD HARMLESS FROM LIABILITY OR DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) WHICH FITBOX METHOD MAY INCUR ARISING OUT OF OR RELATING TO YOUR CONDITION, ILLNESS OR DISEASE. YOU HAVE ALSO CONSULTED WITH YOUR PHYSICIAN AND HAVE RECEIVED APPROVAL FOR YOUR INTENDED USE OF FITBOX METHOD’S FACILITIES AND EQUIPMENT.
LIMITATION OF LIABILITY (I)
IN NO EVENT SHALL FITBOXMETHOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FITBOXMETHOD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE THAT FITBOXMETHOD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Fitbox Method, its parent corporation, subsidiaries, principals, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Fitbox Method website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Fitbox Method website.
LIMITATION OF LIABILITY (II)
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 Fitbox Method workout program and/or use of any studio of equipment container therein. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Fitbox Method strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Fitbox Method classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Fitbox Method classes and studio facilities, (2) release, indemnify, and hold harmless Fitbox Method, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Fitbox Method classes or Fitbox Method studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Fitbox Method classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Fitbox Method classes and use of studio facilities, and should not be participating in any classes.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fitbox Method without restriction.
GOVERNING LAW; VENUE AND JURISDICTION
You agree that: (i) the Fitbox Method website shall be deemed solely based in Florida; and (ii) the Fitbox Method website shall be deemed a passive website that does not give rise to personal jurisdiction over Fitbox Method, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Fitbox Method that arises in whole or in part from the Fitbox Method website shall be decided exclusively by a court of competent jurisdiction located in Miami, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.
The website is controlled and offered by Fitbox Method from its facilities in the United States of America. Fitbox Method makes no representations that the Fitbox Method website is appropriate or available for use in other locations. Those who access or use the Fitbox Method website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Either Fitbox Method or you may demand that any dispute between Fitbox Method and you about or involving the Fitbox Method Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Miami-Dade, Florida USA, provided that the foregoing shall not prevent Fitbox Method from seeking injunctive relief in a court of competent jurisdiction.
YOU AND FITBOXMETHOD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FITBOXMETHOD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Fitbox Method website or the Fitbox Method Services, provided by you to Fitbox Method are non-confidential and shall become the sole property of Fitbox Method. Fitbox Method shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please send any questions about our terms and conditions via e-mail to info@ FitboxMethod.com, by telephone at (305) 978-3961 or by postal mail to Fitbox Method, 1756 North Bayshore Drive Suite 119, Miami, FL 33132