General Purchase Conditions of Brooklyn Fitboxing

1. General Information

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

1.2. The Center certifies that have the authorization 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 built up under the Spanish law, registered in the Commerce Register of Madrid, BORME-A-2014-81-28 page M-19888, located in Calle Isabel Collbrand, 10, 28050 Madrid, Spain. Tax identification number of Brooklyn Fitboxing International, SL. is B-86989068.

1.3 These General Purchase Conditions were last updated on 07/14/2016. 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 exclusively subjected to the version of the General Purchase Conditions that you were 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 Brooklyn Fitboxing Member

1.5 The Center may offer some of these options, all or none under its own decision

2. Purchase of the Web Offer

2.1 The Centre may publish on the website www.brooklynfitboxing.com an offer of training sessions at reduced prices and, sometimes, a gift of gloves and wraps to the customers who practice Brooklyn Fitboxing for the first time, in order to facilitate the initial testing of the Brooklyn Fitboxing System.

2.2 The Web Offer is exclusively directed to new Fitboxers who are testing Brooklyn Fitboxing activity for the first time.

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

2.4 Minimum age requirement to apply for the Web offer is 14 year-old, at the moment of signing the contract.

2.5 After clicking the button "Buy", you will acquire the Web Offer and receive a confirmation email that includes: the confirmation of the purchase, a purchase code, expiration date of the sessions, and instructions to enjoy the Web Offer. The Center reserves the right to reject the request. Moreover, even after the Centre has accepted your request, the Center can cancel the application of the contact at any time in case of any reasonable suspicion of fraud against the training system, the Centre itself, or the Brooklyn Fitboxing brand.

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

2.7. The debit or credit card data facilitated by the customer during the process of purchase of the Web offer or any other Brooklyn Fitboxing purchase order, will be securely managed with PCI security level by the company Stripe.com. Do not hesitate to check the level of PCI security Stripe.com using the following link:

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

To know more about PCI security standards click here:

https://en.wikipedia.org/wiki/Payment_Card_Industry_Data_Security_Standard

Data is not stored neither on any server of the Center nor any Brooklyn Fitboxing International S.L. server.

2.8 The following conditions are set when buying the Web Offer

(A) You can only buy the Web Offer once.
(B) The purchase order of the Web Offer can only be redeemed exclusively in the same center (and not in a different location), in which you initially sign up during the application order process.
(C) The Web offer is only valid for one person and is not transferable; and
(D) You should follow the instructions provided in the purchase confirmation email. If you didn't receive our email information, please check your spam mail box. If you don't found the confirmation email, please send an email to [email protected] with the information you used to secure your signing up into the system.

2.9 To redeem the offer, first you must book any training session you contracted through our website, using our booking system (www.brooklynfitzone.com), before its expiration date. If you are not able to book your training sessions within the indicated period, training sessions will expire automatically and will not be accessible for use or refund.

2.10 In case the Web Offer includes a gift of material (gloves and wraps), it will be accessible to the customer on the first training session day, at the Center, and after the Fitboxer show the confirmation email received after purchasing the Web Offer. In this regard, please arrive 15 minutes in advance in order to receive instruction about how to wrap your hands and learn some basic boxing moves before class starts.

2.11 In case of purchasing training sessions through the Web Offer that finally expire; the fitboxer will not have the right to claim any material gift regarding the Web Offer. If the fitboxer wants to receive the training material it needs to buy enough Fitcoins to book its first Brooklyn Fitboxing session.

3. Purchase Fitcoins

3.1 Fitboxers can buy Fitcoins in the web www.BrooklynFitZone.com. Fitcoins may be used to reserve Brooklyn Fitboxing training sessions. These Fitcoins show up with golden color, as they were purchase with real money by a Fitboxer.

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

3.3 To buy Fitcoins you must be at least 14 years old.

3.4 Pressing the button "Buy Fitcoins" the Fitboxer will see increased its balance Fitcoins. Brooklyn Fitboxing reserves the right to refuse your request in case of any reasonable suspicion of fraud against Brooklyn Fitboxing.

3.5 Fitcoins purchased have an expiration date of 6 months. Although the Center may decide to extend this date if it will be appropriate.

3.6 Purchased Fitcoins may not become money unless special circumstances of force majeure, such as the closure of the Center.

3.7 The Center agrees to repay the gold Fitcoins bought with real money in money in case of closure of the Brooklyn Fitboxing activity. In that exceptional case, The Center is uniquely responsible for the corresponding money return, exempting Brooklyn Fitboxing International SL. from any liability in this regard.

3.8 Fitboxers can receive Silver Fitcoins, that show up in Silver color that are gifted by the Centre. For example, if a Fitboxer cancels training sessions that having being previously booked following the rules established by the booking system, the Fitboxer will receive compensational Silver Fitcoins that they can only be used at the same Centre they are registered to book sessions.

4. Enrolling as Brooklyn Fitboxing Member

4.1. A Fitboxer becomes a Brooklyn Fitboxing member when he/she signs up into a monthly plan that includes a certain number of weekly training sessions pre-reserved after payment of a monthly fee.

4.2. Service and fees: Payment of the monthly fee entitles to member to have pre-reserved sessions imparted in the Center, within the established schedule. In the training sessions of the days specified in the plan, member will have a pre-reserved space. In the same sign up day, a Registration Fee and the first Monthly Fee will be paid.

Fees will be visible and accessible for all Fitboxers in www.BrooklynFitboxing.com and might be freely updated by the Center for new members and/or renewals of members.

Subsequent to the first payment charges will be automatically charged the same day of the following month on your card. There is no possibility to pay half months. In order to cancel or change any of the conditions contracted in the membership plan the Fitboxer must inform the Center 15 days before the end of the period contracted and paid. The Fitboxer must inform in written at the Center.

4.3. Discount Plans: Members may choose to purchase a discount plan. These discounts will be monthly discounts as well as discounts on the registration fee in consideration for its commitment to a minimum permanence in the plan. In this case, the member will benefit of the discount in the monthly fee during the time that remains in the Center within the contracted period.

Members may unsubscribe at any time during that contracted period. In order to unsubscribe they must notify 15 days before the effective desired cancellation date. Members must inform in written by filling in the document that will be provided in the Center. If the Member decides to unsubscribe before the end of the minimum permanence, they must pay the difference between the enjoyed prices and the regular prices that were in force on the subscription date for the monthly and registration fee and pay the difference between the enjoyed fees and regular fees.

In the case of non-payment of a monthly fee, the Center may remove remaining bookings made them available to other Fitboxers without notice to Fitboxer will lose the right to claim for the loss of these training sessions.

4.4. Management defaults: The Center reserves legal actions to claim amounts due for the contracted period and any other default payments. Outstanding amounts may be required by the Center in the ways 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 the recovery costs incurred.

5. Right of discontinuance (and exceptions), refunds and problems

5.1 You have the right to discontinuance any of their purchases within 14 calendar days from the time of purchase (the "Cooling Off Period"). However, if you make a reservation of one Brooklyn Fitboxing session during the discontinuance period, it is assumed that you are asking the Center to begin providing services, and losing the right to cancel the purchase.

5.2 If you desist from a purchase must do so in person at the Center

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 of such a discontinuance period.

5.4 In advance, except if you expressly inform the Center to the contrary, any cash refund will be made using the same means as the original payment. If your original means of payment had been canceled, changed had expired or otherwise, must inform the Center immediately. Failure to do so and perform the refund by 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.

5.5 Fitboxers have 30 days from the date you receive the reimbursement to reject it. If not refuse reimbursement during those 30 days, the refund shall be deemed executed and will be the end point of any claim you may have against the related Center, arising out of or in connection with that purchase.

6. Service standards and accountability

6.1 The Center agrees to:

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. Bookings policy

7.1 Training sessions are used in Brooklyn Fitboxing upon reservation. Only these sessions will be enjoyed by Fitboxers who have previously booked.

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

7.3 All bookings are accepted only through the online booking system available in www.Brooklynfitzone.com

7.4. Fitboxers can book the session with a maximum of 2 weeks in advance and until the moment of the beginning of the session, as long as there is availability.

7.5. It may cancel the session with a maximum of 2 weeks in advance and up to 2 hours before the start of it. Once this limit has passed, the Fitboxer cannot cancel the session and shall be deemed as used.

7.6. Those sessions that have been properly canceled within the prescribed period may be taken in the next 30 days cancellation, provided there is availability. The sessions that have not been used within these 30 days will expire.

8. Liability

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

8.2. The recommendations of any kind provided by the Center staff, not in any way constitute medical advice. In the case of doubt, the customer should always consult a specialist. In case the Center team identifies a potential health risk, would require a medical certification authorizing physical exercise in the gym, and may refuse admission.

8.3. The facility declines any liability arising from the misuse of the member's facilities or sports equipment as well as participating into the activity without proper physical conditions or supervision of your doctor.

9. Photography/Video Release

Participants involved in any activities offered by the Brooklyn Fitboxing Center may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Brooklyn Fitboxing Center website or in any editorial, promotional or advertising material produced and/or published by Brooklyn Fitboxing Center.

10. Waiver and Release of Liability Express assumption of risk:

I, the Fitboxer, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of Brooklyn Fitboxing Center. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Brooklyn Fitboxing (Name of the center) , I, the undersigned hereby release Brooklyn Fitboxing Center, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Brooklyn Fitboxing Center to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Indemnification: The participant recognizes that there is risk involved in the types of activities offered by Brooklyn Fitboxing Center. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Brooklyn Fitboxing Center, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Brooklyn Fitboxing Center, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by Brooklyn Fitboxing Center. I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

11. Miscellaneous

11.1 If you breach these General Purchase Conditions and the Centre did not initiate any action against you, it does not mean that the Centre 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.

11.2 Unless otherwise stated in these General Purchase Conditions, notifications between the parties shall be in writing and delivered by mail to the center management or by email at [email protected] Any notice that Center send you, it will be held at the postal or email provided by you when signing up for the Web offer.

11.3 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 provision 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.

11.4 These General Purchase Conditions are governed and interpreted under the laws in force in the country where the Center is located. For any dispute shall have exclusive jurisdiction courts of the country where the Center is located.

12. Data Protection

Personal data requested are strictly necessary to provide training sessions of Brooklyn Fitboxing. The Fitboxer authorizes the use thereof for commercial purposes and reporting of any other matters relating to its status as Fitboxer. Please note that your data included in a file property of the Centre. In addition, the Fitboxer authorizes the Centre to yield to FITBOXING BROOKLYN INTERNATIONAL, S.L. tax identification number B-86989068 that their personal data are included in an automated personal data created and maintained under the responsibility of it. These will be stored and processed in the file CUSTOMERS, registered in the Register of Personal Data Files of the Spanish Data Protection Agency, and may not be transferred except assignments under the Act. The address where the applicant may exercise rights access, rectification, cancellation and opposition before it is the Central Brooklyn Fitboxing International Calle Isabel Collbrand, 10, 28050 Madrid, phone +34 911 012 745 or fax: 911 010 158, all of which are reported in compliance with Article 5 of Law 15/1999, of December 13, Personal Data Protection.