Terms of Service & Privacy Policy — Worth the Fight Boxing Denver

These Terms of Service & Privacy Policy govern your use of the Websites, App, services and products of Boxing Fitness Group, LLC, a Colorado limited liability company (dba Worth the Fight Boxing & Fitness) (together with its affiliates, “WTF” or “us”). The Websites and App are designed to allow users to make class and membership purchases, register for classes, book spots, buy merchandise, and communicate with us. These Terms of Service & Privacy Policy (“Terms” or “Terms and Conditions”) govern your attendance at any WTF classes, workouts, private training sessions, or corporate events (in each case live or virtual), your use of the Websites and our apps (the “App”), and your other commercial interactions with us. Please also refer to our policies which are incorporated into these terms of service by reference.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS. If you use the websites of WTF (“Websites”) or our App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. When you visit the Websites or App, or communicate with us via email, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notifications on the Websites and App. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION. WTF does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to us. Personal information might be obtained from online transactions such as class/series/subscription purchases, retail purchases, and/or in-studio class registrations or retail purchases or rentals. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Websites and App. Any personal identification information retrieved by WTF must be voluntarily submitted by the user. We may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION. The Websites and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Websites and App, which allows us to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as a home address.

SECURITY STATEMENT. We make commercially reasonable efforts to ensure that all of the transactions that occur on the Websites and App are secure. All credit card numbers and transactions are encrypted. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION? When a secure connection is established between your browser and a website or app, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it difficult for anyone to intercept or decode messages exchanged over this type of secure connection. Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for “secure” and indicates a secure connection to our website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others. Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

COOKIES. A cookie is a small text file that is sent to your browser from a website or app and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites — the website or app that creates a cookie is the only one a browser will permit to access it. Like many other websites and applications, the Websites and App uses cookies to obtain certain types of information. For example, we might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. WTF reserves the right to use cookies in the future in conjunction with new content or expanded functionality. If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED. The following are examples of how we might use the personal information collected through the Websites and App: * If you purchase a service or product from us, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order. * If you indicate that you are interested in receiving news and information from us, you may receive emails to the email address you provided as part of the registration process. For the non-personally identifiable information collected throughout the Websites and App: * Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall WTF experience. You can help us maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. We will never share telephone numbers, email addresses, or personal information with third parties. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at our sole discretion.

IN STUDIO RESERVATIONS/CHARGES/CLASSES. In order to make a reservation, you must register for an account on the Websites or App. Once you are registered, in order to reserve a spot in a class, you must have a membership or class pack credited to your account or you must have a free class credited to your account.  You should be aware that classes may expire and future prices are subject to change. Your credit/debit card/bank account will be charged or debited for your order (i) in the case of a membership, when you purchase a membership (or, in some cases, on the first day you use your membership) and monthly after that until you cancel upon 30 days of notice to us, (ii) in the case of a class pack, when you purchase the class pack and (iii) in the case of other purchases (retail, rentals, etc.), when you make the purchase. We will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you. All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. We reserve 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 classes, memberships, or other services or products. Should we charge you the full price your rights to then cancel such class or membership and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. 

FREEZING YOUR MEMBERSHIP. You may freeze your membership for one month each calendar year. Give your notice of your intention to freeze by emailing info@wtfboxing.com. You may not give notice of cancellation while your membership is frozen. You must unfreeze and then give notice.

DOWNGRADING YOUR MEMBERSHIP. You may downgrade your membership (e.g., from unlimited to 4x/mo) by emailing info@wtfboxing.com. You may not downgrade and cancel your membership in the same billing cycle.

MEMBERSHIP CANCELLATION. You may cancel your membership by emailing info@wtfboxing.com and completing our cancellation form at least 30 days in advance of the date on which your card is charged, and your membership will cease 30 days after the next time your card is charged. We do not accept cancellations by phone or in person. You cannot give notice that you are canceling while frozen. You must unfreeze your membership and then you can give your cancellation notice. You also may not downgrade your membership (e.g., from unlimited to 4x/month) and cancel your membership in the same billing cycle.

No Refunds. It is your responsibility to cancel your membership according to the procedure outlined in this section  – we do not issue refunds of membership charges (even if you stopped coming to the studio) if you fail to cancel your membership. 

MEMBERSHIP COMMITMENT. All memberships require a three-month commitment, unless otherwise stated with regard to a particular membership package at wtfboxing.com/pricing. When you sign up for a membership, you are committing to pay for the membership for at least three months (or such other number of months as stated at wtfboxing.com/pricing).

LATE CANCEL/NO SHOW POLICY. You can cancel a class reservation 12 or more hours before the class begins on the App or Website, without penalty. If you cancel less than 12 hours before class, a $12 fee will be applied (as such amount may be adjusted from time to time with notice to you by email). If you don’t show up for a class you booked and you don’t cancel, a $15 fee will be charged (as such amount may be adjusted from time to time with notice to you by email). If you used a class pack or a membership with a limited amount of uses to book a class, and you cancel 12 or more hours in advance of the start of the class, your class will be returned to your account to be used at a future date.

MINORS. Minors may not participate in our in-studio classes. Please do not register for a class if you are under the age of 18. If we discover that personal information has been submitted by a minor, we reserve the right to delete such information. If we discover that a minor has registered for a class, we reserve the right to cancel that reservation. We do take any steps to actively seek or share personal information from minors throughout the Websites or App. 

REQUIRED EQUIPMENT. Your safety and physical wellbeing is of primary importance to WTF. In order to participate in a class it is mandatory for all participants to use gloves, wraps, and athletic footwear. We reserve the right to refuse entry into a class if you chose not to wear such equipment and the right to not refund the class, if applicable. 

AVAILABLE SPOTS WILL BE RELEASED BEFORE A CLASS BEGINS (at the time specified in our scheduling integration on our Websites or App) to our waitlist.

FOR CLIENTS RUNNING LATE: We reserve the right to refuse entry into the studio five minutes after the class has started.

FOR CLIENTS LEAVING EARLY: If you are planning on leaving early, we kindly request that you tell the instructor ahead of time.

FOR CLIENTS BOOKED FROM THE WAITLIST: Twelve hours prior to class, you may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.

Retail Returns. Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange or refund. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to gloves, wraps, and water bottles, are final sale unless otherwise stated.

Private Training. Private Training sessions are only refundable if cancelled by calling the applicable studio no later than the day prior to your session before the time specified in our scheduling integration on our Websites or App.

Private Events & Bag Blocks. Event & bag block fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that we may permit you to bring into our studio as part of a private event must include WTF as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

WAIVER AND RELEASE. By signing up for and/or attending classes, events, activities, and other programs (in person, outside, or virtually) and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of WTF, 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, running, exercise equipment and other fitness equipment and activities 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 WTF staff, you would be at physical risk participating in our Classes or using our Facilities or equipment, you understand and agree that you may be denied access to the Classes and Facilities until you furnish us with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing our concerns and stating that such 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 WTF, 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 or otherwise related to your purchase of any service or product from us, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of our 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 our Classes and Facilities, and should not be participating in any Classes. By attending in person classes, events, activities, and other programs and/or entering our 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 our location, and (b) covenant not to sue WTF, our 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 us, our instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after entering our location.  In addition, by booking and then attending in person classes, you also agree and consent to the following protocols as a condition of entry into our location: Temperature Check: Temperature checks may be required upon each entry to our location. If our devices show that your temperature is higher than the threshold specified in local guidelines, you will not be permitted to access our location that day or return until you have been fever-free, and otherwise not had symptoms consistent with COVID-19 infection, for at least 3 days (or other time period specified by us in our discretion). Verbal Health Declaration: You may be required to answer certain questions related to COVID-19 symptoms, and we reserve the right to refuse entry upon a failure to answer such questions or otherwise if not satisfied with your responses.

VALUABLES AND PERSONAL PROPERTY. You are urged to avoid bringing valuables into and unto the Facilities. We are not 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. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.

ETIQUETTE. You agree to abide by any guidelines found on our studio walls and on the Websites and App. We reserve the right to deny access to any person we deem to be acting in an inappropriate or unsafe manner.

LINKS/THIRD PARTY WEBSITES. We have not reviewed all the sites linked to the Websites and App, 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 our logo, please understand that it is independent from us and that we have no control over the content of that website and/or app. Going to third party or off-site websites or apps from the Websites or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with us.

INTELLECTUAL PROPERTY RIGHTS. The trademarks, trade dress, copyrights and other intellectual property of WTF are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these terms. All Websites and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, WTF. You have the right to view, electronically copy, and print in hard copy portions of the Websites and App for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Websites or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of us, is strictly prohibited. You acknowledge that WTF and/or third-party content providers remain the owners of all Websites and App 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. We may discontinue or remove the Websites or App, or any portion thereof, or discontinue your right to use the Websites or App, or any portion thereof, at any time. As between you and us, you own all content that you submit to us. You grant WTF 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 our services permission to view your content for their personal, non-commercial purposes. In participating in our classes or using our services or products, you may be photographed, videoed or otherwise recorded by us or third parties authorized by us in our or such third parties’ producing of content which among other things us or such third parties may use to advertise, report upon, market and/or promote WTF and our services or products. You hereby consent to such usage of your imagery (including those of minors that you may sign up for participation in our classes for all and any such purpose by us and such third parties and hereby agree that us 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 WTF 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 Websites or App or accessed through this Websites or App. You also may not engage in the mass downloading of files from this Websites and App; use the computer processing power of this Websites and App 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 Websites and App.

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 our 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 Websites or App in connection with the sale or resale of any our products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Websites or App. Furthermore, our 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 our material will automatically terminate and any copies made of our material must be immediately destroyed. Any unauthorized use of our 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 we be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Websites or App, 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 we expressly advised of the possibility of such damage. All information is provided by WTF on an “as is” basis only. We provide no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

CHOICE OF LAW. The Websites and App, and your use hereof, is governed by the laws of the State of Colorado, without regard to Colorado’s choice of law provisions. Any claim arising out of your use of this Websites and App must be brought in Colorado.

POLICY CHANGES. Occasional changes may be made to this document as new services and content are added to the Websites and App to reflect changes in our policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Websites or App, you agree to be bound by any such revisions. Users of the Websites and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

ACCEPTANCE OF TERMS. By using the Websites or App, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Websites and App. Your continued use of the Websites and App following the posting of changes to these terms will indicate your acceptance of those changes.

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