Terms & Conditions
Effective as of September 14, 2020
RESERVATIONS/CHARGES/CLASSES
In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that single classes and series expire, and future prices are subject to change.
The expiration dates are posted in the description of the single class or series of classes on the booking platform. Future class prices are subject to change, but FAME will honor your single class or series of classes until the expiration date, regardless of whether there is a price increase in the interim.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. FAME reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a single class or series of the same. Should FAME charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. FAME also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
REQUIRED EQUIPMENT
Your safety and physical wellbeing is of primary importance to FAME. In order to participate in a class it is mandatory for all participants to use gloves, wraps and athletic footwear. FAME reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.
RIGHT TO CANCEL
If you wish to cancel a spot booked in a class you may do so up to 24 hours before the applicable class, and in such case your class will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes.
Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED 5 MINUTES BEFORE A CLASS BEGINS to the FAME waitlist.
FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class has started.
FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
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 FAME, its affiliates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing and exercise equipment use in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You 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, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the FAME staff, you would be at physical risk participating in FAME’s Classes you understand and agree that you may be denied access to the Classes and Facilities until you furnish FAME with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FAME’s concerns and stating that FAME’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and 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 Classes and Facilities, (2) release, indemnify, and hold harmless FAME, its direct and indirect parent, subsidiary 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 Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of FAME’s Classes and 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 using FAME’s Classes and Facilities, and should not be participating in any Classes.
By attending in person classes, events, activities, and other programs and/or entering FAME location, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns: (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 a FAME location, and (b) covenant not to sue FAME, its instructors, clients, and employees for any such claim, 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 FAME, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering a FAME location.
VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that FAME shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
ETIQUETTE: To preserve the FAME integrity, Clients agree to abide by FAME’s etiquette guidelines found on FAME studio walls and on the Website. FAME reserves the right to deny access to any person FAME deems to be acting in an inappropriate or unsafe manner.
LINKS/THIRD PARTY WEBSITES
FAME has not reviewed all the sites linked to the Website and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the FAME logo, please understand that it is independent from FAME, and that FAME has no control over the content of that website and/or app.
Going to third party or off-site websites or apps from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with FAME.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of FAME are proprietary to FAME and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, FAME. You have the right to view, electronically copy, and print in hard copy portions of the Website 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 FAME, is strictly prohibited.
You acknowledge that FAME and/or third-party content providers remain the owners of all Website 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 and Conditions. FAME may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and FAME, you own all content that you submit to FAME. You grant FAME and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of FAME’s services permission to view your content for their personal, non-commercial purposes.
In participating in FAME’s classes, you may be photographed, videoed or otherwise recorded by FAME or third parties authorized by FAME in its or such third parties producing of content which among other things FAME or such third parties may use to advertise, report upon, market and/or promote FAME and its services. You hereby consent to such usage of your imagery (including those of minors that you may sign up for participation in FAME classes for all and any such purpose by FAME and such third parties and hereby agree that FAME and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of FAME 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 or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website 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 or apps 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 FAME’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 in connection with the sale or resale of any FAME products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, FAME’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, your permission to use FAME’s material will automatically terminate and any copies made of FAME’s material must be immediately destroyed.
Any unauthorized use of FAME’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 FAME be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website and/or app, 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 FAME expressly advised of the possibility of such damage.
All information is provided by FAME on an "as is" basis only. FAME provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in FAME’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.
