GENERAL PURCHASE CONDITIONS FOR BROOKLYN FITBOXING

This offer is incompatible with other discounts.

1. GENERAL INFORMATION

1.1 The following purchase conditions apply to the purchase of Brooklyn Fitboxing training sessions at Brooklyn Fitboxing Centers, (hereinafter, “the Center”), and by individual customers of Fitboxing Brooklyn, (hereinafter, “the Fitboxers”).

1.2. The Center certifies that it is currently authorized to conduct Brooklyn Fitboxing training sessions, expedited by Brooklyn Fitboxing International, S.L or an entity authorized by Brooklyn Fitboxing International, SL. It also certifies that these sessions are conducted in compliance with the requirements of quality control services established by Brooklyn Fitboxing International, S.L. Brooklyn Fitboxing International, S.L., is a company incorporated under the Spanish law, registered in the Commercial Registry of Madrid, BORME-A-2014-81-28, page M-19888, located in Calle María Tubau, 5, 1º planta, Madrid, 28050, Spain. The tax identification number for Brooklyn Fitboxing International, SL. is B-86989068.

1.3 These General Purchase Conditions were last updated on 6/9/22. The Center reserves the right to unilaterally modify these General Purchase Conditions at any time. All corrections of these General Purchase Conditions will be published online. You will be only be subjected to the version of the General Purchase Conditions you signed at the time of the acquisition of your Brooklyn Fitboxing training sessions.

1.4 Purchase Conditions apply to Brooklyn Fitboxing training sessions acquired through any of the following options:

a) Purchase of the Web Offer
b) Purchase of Fitcoins
c) Enrollment as a Brooklyn Fitboxing Member

2. PURCHASE OF WEB OFFERS

2.1 Web offers are available at www.brooklynfitboxing.com which include training sessions at reduced prices and with the gift of gloves and wraps to customers who practice Brooklyn Fitboxing for the first time, in order to facilitate the initial testing of the Brooklyn Fitboxing System. In the event that said offer expires, neither the training session nor the gift will be available, unless the expiration is justified by force majeure or is the result of a company breach.

2.2 Therefore, the Web Offer is exclusively directed towards new Fitboxers who are testing Brooklyn Fitboxing activity for the first time.

2.3 New customers cannot combine the Web Offer with other kind of discounts acquired through platforms such as Groupon, Letsbonus, etc.

2.4 In order to participate in a BROOKLYN activity, it is necessary to be older than 14 years old. In order to purchase a Web offer the purchaser must be of legal age (18 years) or an emancipated minor.

2.5 When clicking the "Buy" button, you will acquire the Web Offer and receive a confirmation email that includes: the confirmation of the purchase, a purchase code, and instructions for using the Web Offer. The Center reserves the right to reject your request. Only one web offer is available per person.

2.6 You hereby agree to not provide false information, including names, addresses and/or contact or payment details; to not initiate any illegal activity in connection with the purchase or use of the Web Offer, and neither facilitate nor allow any third party to do so.

2.7. The debit or credit card data facilitated by the customer during the process of purchasing a Web offer or any other Brooklyn Fitboxing purchase order, will be securely managed with PCI security level by the companies Stripe.com or Adyen.com.

You may verify the PCI security level for Stripe.com using the following link:

http://www.visa.com/splisting/searchGrsp.do?companyNameCriteria=stripe

You may verify the PCI security level for Adyen.com using the following link:

https://docs.adyen.com/development-resources/pci-dss-compliance-guide

Data is neither registered nor stored in any server in the Center nor any Brooklyn Fitboxing International S.L. server.

2.8 The following conditions are set when purchasing the Web Offer.

(A) You can only buy the Web Offer once.
(B) The purchase order of the Web Offer can only be redeemed in the same center (and not in a different location), in which you initially signed up during the application order process.
(C) The Web offer is valid for one person only and is non-transferable; and
(D) You should follow the instructions provided in the purchase confirmation email. The redeem conditions are established in item 2.9 of the present contract.

If you did not receive our information email, please check your spam mailbox. If you still can’t find it, please send an email to [email protected].

2.9 To redeem the offer, you must first book the training sessions you purchased through our website, using our booking system (myh4c.brooklynfitzone.com), before its expiration date. If you are not able to book your training sessions within the indicated period, training sessions will automatically expire and the Fitboxer will not be able to request a refund, unless justified by force majeure or as the result of a company breach.

2.10 In the event that the Web Offer includes a gift of equipment such as Gloves and Wraps, these will be available to the customer at the Center on the first training session day and after the Fitboxer shows the confirmation email received after purchasing the Web Offer. As a reminder, please note that it is recommended you arrive 15 minutes prior to your session in order to redeem your gift and receive instructions on how to carry out your training sessions safely.

3. PURCHASE OF FITCOINS

3.1 Fitboxers can buy Fitcoins on the web myh4c.brooklynfitzone.com. Fitcoins may be used to reserve Brooklyn Fitboxing training sessions. These Fitcoins will show up in the fitboxer’s fitcoin balance with their corresponding expiration dates.

3.2 Fitcoins can only be used in the Center for which they were purchased.

3.3 To participate in a BROOKLYN activity, it is necessary to be older than 14 years old. Fitcoins can only be purchased by a person of legal age (18 years) or by an emancipated minor.

3.4 When clicking the "Buy Fitcoins" button, the Fitboxer will see an increase in their Fitcoins balance. Brooklyn Fitboxing reserves the right to refuse your request.

3.5 Purchased Fitcoins have an expiration date depending on the number of sessions purchased. In all instances, it is considered that a month has 31 days and the beginning of the validity period is set as the purchase date.

Nonetheless, if a reserved class is correctly cancelled, as per that established in item 7.5, said class may be reclaimed during its validity period.

3.6 Purchased Fitcoins may not be converted into money save for special circumstances of force majeure, such as the permanent closure of the Center.

3.7 The Center agrees to reimburse the money for purchases that cannot be used due to the permanent closure of a Brooklyn Fitboxing activity. The Center is solely responsible for said reimbursement, exempting Brooklyn Fitboxing International SL. from any liability in this regard.

3.8 Fitboxers can receive Fitcoins as a gift from the Center. For example, when previously reserved training sessions are annulled, the Fitboxer will receive Fitcoins that can only be used for booking sessions within the same Center.

4. ENROLLING AS A BROOKLYN FITBOXING MEMBER

4.1. A Fitboxer becomes a Brooklyn Fitboxing Center member when he/she signs up for a monthly plan that includes a certain number of monthly training sessions at that Center in exchange for a monthly fee.

The amount of time you must commit to in your contract for a monthly plan is 3 months. This period will allow you to become familiar in detail with our training model and other associated characteristics.

Customers who have unsubscribed and subsequently join a monthly plan again must also respect the 3-month commitment again.

4.2. Service and fees: Said monthly plan with a 3-month commitment has a significant discount associated with it when compared to purchasing individual sessions or packages of sessions (point 3 of this document). Payment of the monthly fee entitles members to reserve sessions offered in the Center, within the established schedule. The Registration Fee and the first Monthly Fee must be paid upon registration.

Registration and monthly fee prices will be indicated prior to purchase in each center. Prices and discounts may vary among centers.

Fees will be visible and accessible for all members in the center’s fee charts and they may be updated by the Center’s management for new contracts and/or renewals.

Payment methods include credit and debit cards; if a card is used, all subsequent amounts will be automatically charged to your card on the same day of the following month. There is no possibility to pay half months.

Alternative payments methods can be agreed through prior consultation by emailing [email protected]

In the event that the customer wants to unsubscribe from the monthly plan before the first 3 months have elapsed and there is still a fee or portion of a fee to be paid, the customer will have to make his/her desire to unsubscribe known in writing at his/her Center and pay a penalty equal to the amount of one monthly payment from his/her monthly plan. Said payment will allow the customer to unsubscribe on the next billing date, provided at least 15 days’ notice have been given.

In order to cancel or change any of the services contracted, the cancellation or change must be made known 15 days before the end of the period contracted and paid for. Notification can be made by filling out the form for unsubscribing, which can be accessed online, or by contacting the Center.

The calculation of the 15 days will begin from the day following the change or cancellation notification, which must have been formalized in writing, and the fifteenth day may be the same as the day the subscription ends.

Unless the member makes known his/her desire to cancel 15 days prior to the cancellation date, the contractual conditions will be extended automatically for monthly periods.

4.3. Sessions obtained through gifts from the Center can be used for 30 calendar days after the member’s last payment before cancellation.

Sessions from the monthly plan that have already been paid for can be used until their date of expiry.

4.4. Non-payment:

In the event of a monthly outstanding payment, the center may contact the fitboxer to communicate the situation, it will retry the charge and, in the event that payment is still unavailable and a second monthly fee is outstanding, the fitboxer will be unsubscribed from the center; all this notwithstanding there be justified force majeure causes.

The Center reserves the right to legal actions to claim amounts due for the contractual period and any other default payments. Outstanding amounts may be required by the Center as per that established by law and the Center may delegate the collection of amounts due to a specialized company. In the case of default, the Center may require the payment of any incurred recovery costs.

5. RIGHT OF DISCONTINUANCE (AND EXCEPTIONS), REFUNDS AND PROBLEMS

5.1 You have the right to desist any of your purchases within 14 calendar days from the time of purchase (the "Cooling Off Period").

5.2 If you desist from a purchase, you must do so in person at the Center or contacting [email protected]

5.3 If you desist from the purchase under this paragraph, the Center will reimburse all payments made as part of your purchase within 14 calendar days from the day you informed your intent.

5.4 Unless expressly informing the Center of the contrary, any cash refund will be made using the same means as the original payment. If your original means of payment has been canceled, changed or expired, you must inform the Center immediately. In the event you fail to do so and the refund is made to the original means of payment, you may need to notify your bank or payment service provider for reimbursement. The Center will not provide more than one refund.

6. SERVICE STANDARDS AND ACCOUNTABILITY

6.1 The Center agrees to:

Apply reasonable care and skill to fulfill its obligations under these Conditions of Purchase.

That training sessions are of satisfactory quality and suitable for their purpose, and do not violate the requirements of professional diligence and good faith underlying the services provided.

The Center is not responsible for any breach of an obligation under these General Purchase Conditions when obstructed or impeded in carrying out their duties by any cause beyond its reasonable control.

7. BOOKING POLICY

7.1 Brooklyn Fitboxing training sessions are used upon prior reservation. Said sessions will only be enjoyed by Fitboxers who have previously booked them.

7.2 Brooklyn Fitboxing Trainers will roll call at the start of each session to verify that such booking has been done properly. The Center will restrict access to training sessions for Fitboxers who have not previously registered.

7.3 Bookings are accepted only through the online booking system available at myh4c.brooklynfitzone.com

7.4. Fitboxers can book the session with a maximum of 1 or 2 weeks in advance, depending on the Brooklyn Fitboxing Club and up to the beginning of the session, as per availability.

7.5. Sessions can be cancelled as of the booking confirmation up to 2 hours before their start time. After said limit, a session may be cancelled although it will be deemed as used and, thus, no fitcoins corresponding to said reservation will be reimbursed.

7.6. Any sessions that have been properly canceled within the prescribed period may be taken during their validity period, provided there is availability. The sessions that have not been used within the 30-day time frame will be deemed as used.

8. LIABILITY

8.1 The Fitboxer certifies that it has been informed by the Center that the Brooklyn Fitboxing training sessions are a high-intensity physical activity that requires a healthy physical condition.

8.2. Any recommendations provided by the Center’s staff, do not, in any way, constitute medical advice. When in doubt, the client should always consult a specialist. In the event that the Center’s team identifies a potential health risk, they could require a medical certificate authorizing physical exercise in the gym, and may refuse admission.

8.3. The center declines any liability arising from the member's misuse of the facilities or sports equipment as well as their participation in a sporting activity without proper physical conditions or a doctor’s supervision, unless deceit or negligence on the center’s behalf.

9. MISCELLANEOUS

9.1 If you breach these General Purchase Conditions and the Center did not initiate any action against you, it does not mean that the Center has waived rights and compensation relating to non-compliance. The Center may still take action or exercise their rights and seek compensation for these acts, or any other situation where you have breached their obligations under these Conditions of Purchase.

9.2 Unless otherwise stated in these General Purchase Conditions, notifications between the parties shall be in writing and delivered by postal mail to the center’s management or by email at [email protected]. Any notice from the Center shall be mailed to the postal or email address provided by you when signing up for the Web offer.

9.3 If any provision of these General Purchase Conditions is held invalid or unenforceable, the validity and enforceability of the remaining provisions of these General Purchase Conditions shall not be affected. Such invalid or unenforceable provisions will be replaced by a valid, enforceable provision that is as close as possible to the economic effect referred to in the invalid or unenforceable provision.

This circumstance will only be valid if the new provision favors the consumer more than the absence of it.

9.4 These General Purchase Conditions are governed and interpreted under the laws in force in the country where the Center is located. Any dispute will fall under jurisdiction courts of the country where the Center is located.

10. DATA PROTECTION

In accordance with Organic Law of Data Protection and Guarantee of Digital Rights, as well as with the General Data Protection Regulations, all DATA sent by the users through www.brooklynfitboxing.com shall be treated by BROOKLYN FITBOXING INTERNATIONAL, S.L. in an automated manner, and will be incorporated into the Treatment Activities Registrar with the objective of offering and managing the Products and Services of BROOKLYN FITBOXING INTERNATIONAL, S.L.

The controller for the Treatment Activities Registrar is the limited liability company BROOKLYN FITBOXING INTERNATIONAL, S.L., with legal address at C/ DE MARÍA TUBAU, 5 1º DERECHA - 28050 – LAS TABLAS - MADRID e-mail: [email protected].

DATA subjects have, at all times, the right of access, rectification, erasure, objection, portability, and limitation in the treatment of their data, as per the terms included in the data protection legislation.

Personal data will be treated in compliance with the contractual relationship maintained with Brooklyn Fitboxing as well as to inform of Brooklyn Fitboxing activities and promotions.

The legal basis for the treatment of your data is the compliance of the contractual relationship maintained between you and Brooklyn Fitboxing, as well as the legitimate interest for the dissemination of information we deem of interest to you. In this regard, it is important to note that you may unsubscribe to commercial mailings, following the instructions thereby included.

Your data will be treated as long as you maintain a contractual relationship with Brooklyn Fitboxing and with regard to the use of your data for the communication of information pertaining to our activity, unless you exercise your right of limitation and objection of the treatment for this purpose.

Your data will not be released to third parties, except for your workout centers, which shall be considered treatment controllers, and in cases, of regulation compliance on behalf of Brooklyn Fitboxing.

Data pertaining to your image may be used by Brooklyn Fitboxing with the objective of promoting the training centers. To the extent possible, Brooklyn Fitboxing will inform you when a photograph or video is used for promotional purposes.

As per the present clause, it will only be necessary to contact BROOKLYN FITBOXING INTERNATIONAL, S.L. via email at [email protected], or through postal mail at the business address C/ DE MARÍA TUBAU, 5 1º DERECHA - 28050 – LAS TABLAS – MADRID. BROOKLYN FITBOXING INTERNATIONAL, S.L. guarantees it has taken all necessary safety measures in its facilities, systems, servers, and files in order to avoid unauthorized DATA access.

You may access further information regarding our privacy and data protection policy by clicking on the following link. At any moment, you may contact the designated controller as well as the data protection officer at [email protected].

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