These Terms are effective as of 3/1/2021.
You Must be at least 18 Years of Age
By using and/or registering and/or providing any information on either of the Websites, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. If you are under 18 years of age you must immediately exit and make no further use of the Site. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18). Registration of individuals under 18 years of age is permitted for classes offered by BASH Boxing, and but registration and a waiver must be completed in person at one of our studios and signed by a parent or guardian.
Changes to the Websites or the Terms
From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Websites. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms, in which case we will post the revised Terms on the Websites and the revised Terms will be effective immediately upon posting. We reserve the right at any time to modify or discontinue either or both of the Websites (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of one or more of the Websites.
You are responsible for reviewing the most current version of the Terms before using either of the Websites to ensure that you agree to any revisions to the Terms. If at any time you do not agree to the revisions, you should immediately cease all use of and access to both of the Websites. By continuing to use one or more of the Websites after we post any such changes, you accept the Terms, as modified.
The products and services displayed on the Websites are continuously being updated and changed and it is possible that some of the items or services that are displayed on one or more of the Websites may not be available for purchase at any particular time. We are not responsible to you, or to any other party, if an item or service displayed on one of the Websites is not available for purchase at any particular time. Prices for our products and services are subject to change without notice.
We provide exercise classes, including boxing classes at our studios, outdoor exercise classes and events, virtual on-demand and live streamed classes as well as other services (the “BASH Services”). For avoidance of doubt, the “BASH Services” include any and all classes and events taking place at any of our studios, including but not limited to our studios located at 1550 Wilson Blvd., Arlington, VA and 700 N Randolph St., Arlington, VA. No one under 18 may participate in the BASH Services; provided, however, minors aged 13-15 may participate with a parent (or guardian) present, and minors aged 16-17 may participate with the written permission of a parent (or guardian).
Classes; memberships and cancellations.
One of the BASH Services is attendance and participation in our boxing classes, including in-person classes in any of our studios and outdoor classes as well as online on-demand classes and livestreamed classes (“BASH Boxing Classes”). You may participate in BASH Boxing Classes by purchasing (i) an individual class, (ii) a class pack or (iii) a monthly membership (“Membership”).
INDIVIDUAL CLASSES. Individual BASH Boxing Classes are non-refundable.
CLASS PACK. Classes are sold in a pack and have an expiration date.
MONTHLY MEMBERSHIPS. BASH Boxing monthly Memberships are a monthly auto-payment.
CLASS CANCELLATIONS. We enforce a strict 12-hour class cancellation policy. If you have reserved your place in a BASH Boxing Class and fail to cancel at least 12 hours prior, you will be charged and forfeit that BASH Boxing Class.
FREEZE POLICY. We offer 2 freezes per year, for a minimum of 30 days and a maximum of 90 days. When you freeze your account, the fee is $15 per month. After your membership has been frozen for 90 days, in order to maintain your membership, you must make at least one monthly membership payment before you can freeze your membership again. Notwithstanding the foregoing, you may not freeze your account more than two times within one year. If you wish to cancel your Membership following a freeze, you must provide written notice and responsible for one-final monthly Membership payment.
CANCELLATION POLICY. You may terminate your monthly Membership by providing us with written notice (to your perspective studio) and will be responsible for one-final monthly membership payment.
RESERVATIONS. If you are attending your first in-person class, you must be physically present 5 minutes prior to the start of your scheduled class, or your spot will be given to a waitlisted client (no exceptions). For returning clients, you must be physically present at the start of your scheduled in-person class or your spot may be given to a waitlisted client, in our sole discretion, and you will be charged a no-show fee (no exceptions).
RELOCATION. Notwithstanding anything herein to the contrary, you may terminate your Membership should you permanently move your residence more than 10 miles from any of our studios and provide proof of relocation (to your perspective studio).
INJURY. You may cancel your monthly Membership immediately if you become physically unable to use a substantial portion of the BASH Services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the BASH Services by a doctor’s, physician assistant’s or nurse practitioner’s certificate, and we may also require that you submit a physical examination, within 30 days of the notice of cancellation, by a doctor, physician’s assistant or nurse practitioner agreeable to you and the health club (cost of the exam to be borne by us).
Studio rules and regulations.
Your safety and physical wellbeing are of primary importance to us. If you are attending your first in-person class at BASH Boxing and you are not physically present at the studio 5 minutes prior to the scheduled start time of your class, you will not be permitted to enter the studio and will not be refunded. If you are a returning in-person client at BASH Boxing and are not physically present at the studio at the start time of your class, you will not be permitted to enter the studio, will not be refunded for your class fee, and will be charged a no-show fee. If recovering from injury or illness, notify the instructor prior to class start time. 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. You will not be refunded for your class in such circumstances. You agree that we are 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.
Virtual Live Streaming and On-Demand Classes
We partner with Forte Nexus, Inc. (“Forte”) to livestream and record our classes so that people can join our classes from around the world!
Certain BASH Boxing Classes will be filmed, and the recording of such classes will be stored and available for viewing on the Forte Website located at www.forte.fit.
You agree that by participating in a BASH Boxing Class and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you grant to BASH Boxing, Forte, and their affiliates, successors, licensees, agents, and assigns (“Authorized Parties”) the right, to film, record, live stream, edit, play back, digitize, modify, edit, create derivative works, display, publicly perform, transmit, broadcast, reproduce, sell, rent, license, otherwise use, and permit others to use recordings of classes that you participate in (“Recordings”) and your appearance, voice, name, and/or likeness (the “Materials”), in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created on any platform without further consent from or any royalty, payment, or other compensation to you.
You agree that BASH Boxing and Forte will be the exclusive owners of all right, title, and interest in and to the Recordings and the Materials, including all copyrights and other intellectual property rights therein, in perpetuity. You irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to “moral rights” in the Recordings (and any portion thereof) and the Materials.
BASH Boxing and Forte have no obligation to use the Recordings (or any portions thereof) or the Materials. You acknowledge and agree that you have no right to review or approve the Recordings or use of the Materials before they are used by BASH Boxing or Forte or at any other time, and that BASH Boxing and Forte have no liability to you for any editing or alteration of the Recordings, the Materials or for any distortion or other effects resulting from Forte’s or BASH Boxing’s editing, alteration, or use of the Recordings or Materials.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from any Authorized Party’s exercise of their rights under this Agreement.
By using the Website, you affirm that either: (A) your physician has specifically approved of your use participation in the particular fitness classes that you take using the Website; or (B) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise.
You represent that all of the information, data, and other materials you provide on either of the Websites or to us through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on either of the Websites or to us through any other means, as appropriate.
You must not use either of the Websites: (a) to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to either of the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of either of the Websites or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of either of the Websites or any related website, other websites, or the Internet.
Additionally, without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to either of the Websites for any purpose except as described in these Terms; or (d) frame either of the Websites, place pop-up windows over their pages, or otherwise affect the display of either of the Websites.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to either of the Websites or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to your account or any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree not to reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to our Websites. Except as expressly permitted in these Terms, you agree not to make use of Our Content, including any music, in a manner that would infringe the rights of a third party or otherwise use the service in any manner that infringes the intellectual property rights or other rights of Feed.FM (which provides music solutions to us) or any third party.
You acknowledge that you are authorized to use Our Content solely for your own personal, non-commercial use and you are not authorized to reproduce and distribute Our Content in the form of phonorecords (either physical or digital) or to offer our content by sale, rental, lease or lending to any person.
You acknowledge and agree that BASH Boxing, Forte (which provides technology services to us as described herein) and our licensors of sound recordings and the musical works embodied therein, may, from time to time, remove music content from our service without notice and without any liability to you.
We have the right to disable your account or any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. Additionally, if we believe that you have breached or violated of any of the Terms, we may immediately terminate your use of and/or access to the Websites.
Permission to Access the Websites
Permission is hereby granted to the extent necessary to lawfully access and use the Websites and/or information, materials, products and/or services available on them to display, download, archive and print in hard copy, portions of the Websites on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on either of the Websites is not accurate, complete or current. We do not warrant the accuracy, completeness, or usefulness of this information. The material on the Websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Websites is at your own risk.
Products or Services
Certain products or services may be available exclusively online through one or more of the Websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise indicated, the Websites and their design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Websites are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of BASH Boxing or the material is included with the permission of the rights owner.
You acknowledge that BASH Boxing owns all right, title and interest in and to all of the information on the Websites, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Websites constitute trademarks, tradenames, service marks or logos (“Marks”) of BASH Boxing or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with BASH Boxing or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through the Websites, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (a) copyrighted by BASH Boxing and/or its licensors (including but not limited to Feed.FM) under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by BASH Boxing or its licensors. Except as permitted in the Terms, you agree that you will not copy, modify, reproduce, republish, post, transmit, sell, offer for sale, perform, display, or redistribute, Our Content without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
The Websites may include links that direct you to third-party websites and resources that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We may disable all or any social media features that may be included on the Websites and any links at any time without notice in our discretion.
Linking to the Websites
You may link to the homepages of either or both of the Websites provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Errors Inaccuracies and Omissions
Occasionally there may be information on either of our Websites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on either of the Websites is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on either of the Websites, including without limitation, pricing information, except as required by law.
Disclaimer of Warranties
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE EITHER OF THE WEBSITES FOR INDEFINITE PERIODS OF TIME OR DELETE EITHER OF THE WEBSITES ENTIRELY AT ANY TIME, WITHOUT ANY NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, EITHER OF THE WEBSITES IS AT YOUR SOLE RISK. WHEN USING EITHER OF THE WEBSITES, INFORMATION WILL BE ACCESSED BY YOU OVER A MEDIUM THAT IS BEYOND OUR CONTROL. AS A RESULT, WE DO NOT ASSUME ANY LIABILITY FOR, OR RELATING TO, THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF EITHER OF THE WEBSITES, AND YOU (AND NOT BASH BOXING) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITE LINKED TO EITHER OF THE WEBSITES, OR OTHERWISE. ACCESS TO THE WEBSITES, THE CONTENT OF THE WEBSITES, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH EITHER OF THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BASH BOXING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITES OR THE PRODUCTS SOLD THEREON, AND THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITES TO WHICH EITHER OF THE WEBSITES IS LINKED. BASH BOXING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH EITHER OF THE WEBSITES, (ii) THE QUALITY AND SECURITY OF THE WEBSITES, INCLUDING WHETHER THE WEBSITES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR (iii) THE INABILITY TO ACCESS THE WEBSITES OR ITS CONTENT OR TO PURCHASE AN ITEM DISPLAYED ON THE WEBSITES. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITES.
These Terms give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Disclaimers Related to Feed.FM
We partner with Feed.FM, which provides the music that is played during our BASH Boxing Classes. The following disclaimers relate to the music provided through Feed.FM.
THE SOUND RECORDING AND MUSIC PROVIDED DURING THE BASH BOXING CLASSES ARE PROVIDED “AS-IS” AND “AS- AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM US, FEED.FM, FORTE, OR ANY OF OUR OTHER LICENSORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BASH BOXING, FORTE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BASH BOXING, FORTE NOR ANY OF OUR LICENSORS OF SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK FOR SOUND RECORDINGS, WARRANTS THAT THE SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BASH BOXING, FORTE, ANY LICENSOR OF SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK WILL NOT BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FORTE SERVICE OR ANY CONTENT, INFORMATION, MATERIALS OR PRODUCTS PROVIDED BY FORTE, INCLUDING ANY SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SUCH RECORDINGS OR RELATED FRONT-COVER ALBUM ARTWORK MADE AVAILABLE TO THE USER VIA FORTE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
There is no affiliation, connection, association or endorsement of the products, goods or services displayed on the Websites by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through Feed.fm.
Limitation of Liability
YOU AGREE THAT IN NO CASE SHALL BASH BOXING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES (INCLUDING BUT NOT LIMITED TO VABOX1 LLC AND VABOX2 LLC), AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION PERSONAL INJURY, DEATH, LOSS OF LIVELIHOOD, LOSS OF ENJOYMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF FUTURE EARNINGS, GOODWILL, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM ACCESSING, USING, PRINTING, COPYING, OR DOWNLOADING ANYTHING FROM EITHER OF THE WEBSITES, ANY OTHER LINKED/THIRD-PARTY WEBSITE, OR FROM ANY PRODUCTS OR SERVICES PROCURED THROUGH EITHER OF THE WEBSITES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EITHER OF THE WEBSITES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH EITHER OF THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BASH BOXING’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE OR THESE TERMS, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITES OR THE CONTENT.
Any claims made by you in connection with your use of EITHER OF the Websites, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth herein are exclusive and are limited to those expressly provided for in these Terms.
BY USING ANY BASH SERVICES INCLUDING, WITHOUT LIMITATION, ATTENDING CLASSES, EVENTS, ACTIVITIES, AND OTHER PROGRAMS OFFERED BY US AND USING OUR STUDIO FACILITIES AND EQUIPMENT, 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 OUR WORKOUT PROGRAM, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE VOLUNTARILY CHOSEN TO PARTICIPATE IN AN INTENSE PHYSICAL EXERCISE PROGRAM. YOU UNDERSTAND THAT WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN PRIOR TO COMMENCING ANY CLASSES OR USE OF CERTAIN BASH SERVICES. BY USING ANY OF THE BASH SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE BEEN FULLY INFORMED OF THE STRENUOUS NATURE OF THIS EXERCISE PROGRAM AND THE POSSIBILITY OF ADVERSE PHYSIOLOGICAL OCCURRENCES INCLUDING, BUT NOT LIMITED TO: ABNORMAL BLOOD PRESSURE, FAINTING, HEART ATTACK OR DEATH. BY USING ANY OF THE BASH SERVICES OR USING THE WEBSITE, YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES BASH BOXING, ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO VABOX1 LLC, VABOX2 LLC ), ITS INSTRUCTORS, MEMBERS AND EMPLOYEES. YOU HEREBY ACKNOWLEDGE THAT YOU, AND ANY MINOR UNDER YOUR CARE, FULLY RELEASE BASH BOXING, ITS AFFILIATES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FROM ANY LIABILITY.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE PARTICIPATING IN THE BASH CLASSES OR ANY OTHER EXERCISE PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE BASH SERVICES OFFERED THROUGH THE WEBSITE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE WEBSITES AND THE SERVICES OFFERED THEREON MAY INCLUDE GENERAL HEALTH AND FITNESS INFORMATION THAT IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE WEBSITES IS MEDICAL OR PROFESSIONAL ADVICE OR CARE, INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE WEBSITE AS A SUBSTITUTE FOR OR A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BASED ON INFORMATION YOU MAY HAVE READ OR HEARD ON OR THROUGH THE WEBSITES IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
You, and any minor under your care, agree to indemnify, defend and hold harmless BASH Boxing and its parent, subsidiaries, affiliates, including but not limited to VABox1 LLC and VABox2 LLC (“Affiliates”), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, that such parties may incur resulting from or alleged to result from: (i) your breach of these Terms or the documents they incorporate by reference; (ii) your violation of any law, regulation, rule or order pertaining to your use of the Websites or your violation of the rights of a third-party; (iii) your unauthorized or unlawful use of the Websites; and (iv) any damage caused by you during your participation in the BASH Services.
BASH Boxing is based in Virginia in the United States of America and makes no claims that either of the Websites is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. We make no representation that either of the Websites are appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Websites is prohibited from jurisdictions where the Websites, or their content, is illegal.
Those who choose to access either of the Websites do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Websites may not be legal by certain persons in certain countries. If you access either of the Websites from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt by you to assign your rights under these Terms without our permission shall be void.
The headings of the various sections of these Terms have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms.
You agree that we, in our sole discretion, may terminate your use of, and/or access to, the Websites, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITES.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law and Jurisdiction
You agree that these Terms, and any suit, action or proceeding arising out of or in connection with any dispute with BASH Boxing, including without limitation any claim involving BASH Boxing or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with BASH Boxing, including without limitation any claim involving BASH Boxing or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the Commonwealth of Virginia and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Survivability and Reservation of Rights
The following provisions of the Terms survive the expiration or termination of the Terms for any reason whatsoever: Limitation of Liability, Disclaimer of Warranties, Termination, Indemnification, and Governing Law and Jurisdiction. We reserve all rights not expressly granted to you herein.
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the BASH Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
If you have any questions about these Terms, the BASH Services, our practices, or your dealings with us, please contact us by e-mail at [email protected] or by mail using the details provided below:
STAPS Holdings LLC
2020 Pennsylvania Avenue NW
Suite 1210, Washington DC, 20006
All other feedback, comments, requests for technical support and other communications relating to the website should be directed to your home studio location.