Terms and conditions.

Terms and Conditions Policy - BUA BOXING

Effective Date: 01/20/2024

Welcome to www.buaboxing.com PLEASE CAREFULLY READ AND REVIEW THE TERMS AND CONDITIONS AND TERMS OF USE OF THIS SITE. These Terms of Use (“Terms”) constitute a legal agreement between you (“you”, Member, or Participant) and DW Boxing and Fitness Corp. d.b.a. Bua Boxing (“Bua Boxing”, “us”, “our”, and “we”) governing your access to and use of the website, online services, mobile site or other domain or software application which Bua Boxing owns, operates, licenses or controls (the “Site”). This legal agreement also governs any business relationship you may establish with us, and the Terms by which the Bua Boxing gym (the “Gym”) operates. By accessing or viewing the Site or participating in or using any services offered on this Site or by the Gym (collectively, the “Services”), you agree to these Terms. Do not use this Site and do not use the services offered by the Gym if you do not agree to be bound by these Terms.

CHANGES TO TERMS AND CONDITIONS POLICY:

From time to time the Terms and Conditions Policy may be updated and changed. Changes to this document will be posted on our website. The amended Terms will automatically be effective when posted on this Site. It is your responsibility to review the Terms of Use periodically to be aware of any such changes, and to read any updated Terms and Conditions Policy carefully, as changes could affect your rights and obligations.

CHANGES TO THE SITES:

We reserve the right to withdraw, amend or otherwise edit the Sites, and any service or Material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. 

ETIQUETTE POLICIES:

In using the buaboxing.com website, you agree not to post any hateful, degrading, harmful, sexual, or lewd comments. You further agree not to use the buaboxing.com website or mobile application as political vehicles or for your own commercial use. Use of the buaboxing.com website or the mobile application for solicitation of any kind is prohibited. The use of the buaboxing.com website and mobile application are intended only for the cultivation of our community and is for the sole use of customers in seeking information as to our products and services as well as purchasing the same. Bua Boxing reserves the right to deny access to any person it deems to act in violation of this provision or in an inappropriate or unsafe manner.

In using Bua Boxing’s gym, equipment, and rental equipment, you agree to abide by all posted etiquette and safety signs within the gym. You agree that at all times you will make use of the Bua Boxing gym, equipment, and rental equipment in a courteous way that does not affect the safe and enjoyable use of the same by staff and other users. You further agree to utilize the gym, equipment, and rental equipment in a safe manner within your physical limits. Bua Boxing reserves the right to deny access to and the use of its gym, equipment, and rental equipment if it deems a person to be acting in an inappropriate or unsafe manner, in violation of this provision or otherwise.

In helping to keep the gym safe and clean, we ask that all customers utilize any provided cleaning products to wipe your area clean after use. It is also recommended that you wipe your area clean prior to use.

USE OF IMAGE:

The Participant understands that sometimes photos, films, videos or audio recordings will be taken of the Participant during the course of a class. The Participant consents to Bua Boxing using their image or likeness obtained in this manner for legitimate promotional and marketing purposes. By participating in our classes, you grant us the right to use, reproduce, and display such materials without compensation. Opting Out: If you do not wish to be included in our promotional and marketing materials, please inform our staff in writing to info@buaboxing.com. We will make reasonable efforts to accommodate your request.

PERSONAL BELONGINGS:

You agree that Bua Boxing and its staff are in no way responsible for the safekeeping of your personal belongings. While Bua Boxing may provide cubbies for storage while you are at the gym, such provision is solely for your convenience, and Bua Boxing cannot ensure, nor does it claim to ensure, the safety of your valuables within such cubbies. It is encouraged that you safeguard all valuable while utilizing the fitness facility. You assume all risk of loss for any of your personal belongings. Bua Boxing is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

MINIMUM AGE:

In consideration of safety and security, all Participants must be 18 years or older. Any Participants under the age of 18 must have the consent of a Parent/Guardian who by signing the Liability Waiver and Agreement on their behalf, accepts its terms on behalf of the Participant and assumes the Participant’s responsibilities under the Agreement.

YOUR ACCOUNT AND PASSWORD:

Passwords are an important part of your account and its security. It is your responsibility to maintain the confidentiality of your account and password and to limit access to your account through computer and mobile devices. We recommend that you take care in selecting and maintaining your password.

Please be advised, that you are responsible for all content, transactions, and purchases conducted from your account. You are further responsible for any and all damage to Bua Boxing that is attributable to the use of your account.

USE OF YOUR ACCOUNT:

By signing this Terms and Conditions Policy you agree not to provide false information when creating, maintaining, and using your account. You may not create an account using a false identity or by using anyone’s information other than your own. Your account is for your personal use only. You may not disclose your password or account information with a third party.

By signing this Terms and Conditions Policy you agree to notify Bua Boxing immediately if you suspect unauthorized use of your Account.

USE OF OTHER’S ACCOUNT:

The use of another member’s account is prohibited. By signing this Terms and Conditions Policy you agree not to use the account, username, or password of another Bua Boxing member.

TRANSFERIBILITY:

A class pass, class package, membership, or course enrollment is strictly non-transferable.

BOOKING AVAILABILITY:

The Participant acknowledges that training is provided in a class style and that class sizes are strictly and necessarily limited. Booking is prioritized on a first come, first served basis and therefore space in a class is not guaranteed. Class schedules and availability may change. Monthly membership subscriptions are capped at one class per day.

If you are running late and we have not heard from you by the start of class, any wait-listed or drop-ins who are physically present may take your place in class.

WAITLIST:

The first person on the waitlist is automatically book into class once a spot becomes available up until 12 hours before the class start time. After that, if a spot becomes available with less than 12 hours’ notice, we’ll inform everyone on the waitlist by email when a spot becomes free, so that anyone who can make it to the class can book the empty spot. If you are on the waitlist, and do not receive a spot in the class, your class credit will be returned to you at the class start time.

CANCELLATION AND NO SHOW POLICY:

Participants agree –

1. If Participant can no longer attend a class or a personal training session that has been booked, and cancels at least 9 hours prior to the class start time or at least 12 hours prior to the personal training appointment time, then the Participant will not lose credit or be charged any additional fee.

2. If Participant books a class and cancels within 9 hours of the class commencement time (it is considered a late cancellation). The Participant will lose a class credit. For those Participants with unlimited memberships (including the intro offer): late cancellations incur a $10 late cancellation fee.

3. If Participant books a personal training or pad work session and cancels within 12 hours of the personal training or pad work commencement time (it is considered a late cancellation). The Participant will lose a class credit, and in addition: Personal Training Clients will also be charged a $40 late cancel fee, and Pad Work Clients will be charged a $20 late cancel fee.

3. If a Participant books a class and has not cancelled the booking, and does not attend the class (no-show), the Participant will lose the class credit and will be charged a $10 no show fee. For those on unlimited memberships (including intro offer): there is a $20 no show fee.

4. If a Participant books a personal training session or pad work session, and has not cancelled the booking and does not attend the personal training or pad work session (no-show), the Participant will lose the personal training credit and will also be charged a $60 no show fee. Pad work clients will lose a pad work credit and will also be charged a $30 no show fee.

PURCHASE AND REFUND POLICY / RESERVATIONS AND CHARGES:

Purchases may be made after signing up and creating an account along with a unique password. In order to make a class reservation, or personal training appointment, you must first purchase a single class, multi-class package, or monthly membership.

Both single and multi-class packages, as well as memberships are available for purchase, and come with their own expiration schedule, which will be noted at the time of purchase. At the time of drafting of this terms and conditions Policy, the following expiration schedule is in effect: Single classes expire 1 month from the date of purchase, 3 class packages expire 1 month from the date of purchase, 5 class packages expire 3 months from the date of purchase, 10 class packages expire 6 months from the date of purchase, and 20 class packages expire 6 months from the date of purchase. 2 for 1 Personal Training Sessions (intro offer) expire 30 days from date of first visit. One-week unlimited, small group classes (intro offer) expires 7 days from date of purchase. Monthly membership packages are activated on purchase. However, expirations are subject to change, and should be noted at the time of each purchase, as special events and deals may have their own expiration schedules.

Take special note that at the time you select and purchase a class or multi-class package, you are charged for the full amount of your class selection. You will not be charged for the class at the time of use. 

Classes and trainer assignments are subject to change. Pricing is subject to change without notice. All class packages, credits, personal training sessions, training camp courses, intro offers, and monthly memberships are non-transferable and non-refundable; there are no exceptions.

Classes and any unused sessions will not be refunded or credited to a user’s account, and expired unused class credits, or class packages will not be extended.

MEMBERSHIPS:

All memberships have a 3-month minimum commitment term. Memberships start on the date that you sign up and submit payment via a valid Payment Method and will be on a monthly autopay schedule from date of purchase. Any unused sessions will not be refunded or credited to a user’s account, without exception, and memberships cannot be paused.

Memberships shall continue beyond that minimum term on an ongoing rolling monthly basis. Membership requires 30 days written notice of intent to cancel, is sent in writing to info@buaboxing.com, after the minimum term is completed. Minimum monthly payments must be reached before you can cancel and/or early termination fee will apply.

There are no holds/freezes for Memberships.

Credit Card Authorization: The Member agrees and acknowledges the following: (a) the Member hereby agrees to purchase the above referenced “Type of Membership” for the above “Membership Fee,” as an automatic charge to the provided credit card, or automatic debit to the Member’s checking account, each month for the Term of this Agreement; (b) the Member hereby certifies that he or she is the holder of the credit card, or an authorized signer on the bank checking account detailed below; (c) the Member understands that he or she will be notified if the credit card or checking account payment fails to authorize for any reason, and that a late fee may apply; (d) the Member understands that the Membership will be cancelled if the Member’s Bua Boxing account becomes more than thirty (30) calendar days late, and all remaining balance will remain outstanding.

Member’s Default: The Member shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment when due, as well as failure to comply with the Rules and Policies. Bua Boxing reserves the right to suspend or cancel any Member’s Membership upon default of this Agreement without a right to be refunded any prepaid Membership Fees and without relieving the Member of any payment obligations set forth in the Agreement.

TRAINING CAMPS AND COURSES:

Training camps and courses take place on specific dates and times, which will be outlined at time of sign-up. Dates and times might subject to change due to unforeseen circumstances, but in such an event you will be notified via email. If a session within a course is missed by the Participant, make-up sessions will not be available, and no credits or refunds will be issued.

MERCHANDISE, REFUNDS, AND RESTRICTIONS:

All Bua Boxing merchandise non-refundable. You may not return, resell, or use any Bua Boxing Merchandise for any unauthorized advertising, marketing, sweepstakes or other promotional purposes.

GIFT CARDS:

Gift cards may be purchased online or in person and can be used to purchase classes, multi-class packages, personal training sessions, the personal training intro offer, and merchandise (they are not redeemable towards any subscription plans, including the group class intro offer or any monthly memberships). Classes and multi-class packages purchased with gift cards are subject to the same terms and conditions as if they were purchased by other means, and expire just like any other class or multi-class packages that you may buy.

You may not return, resell or use any Bua Boxing Gift Cards for any unauthorized advertising, marketing, sweepstakes or other promotional purposes.

Gift card purchases are final, non-refundable, and not redeemable for cash.

TERMS OF SALE:

We utilize a third party service provider(s) in connection with payments made on the Site. Currently, you may utilize the Stripe payment method in connection with use of the Websites. Stripe’s website is located at https://www.stripe.com. We reserve the right in our sole discretion to accept other payment forms in connection with use of the Websites. You agree to be bound by the terms, conditions and policies of any such third party service provider(s), including without limitation Stripe. You represent and warrant that you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

TERMS OF ADMISSION:

Bua Boxing reserves the right to remove or refuse entry to any Participant. Without limiting Bua Boxing’s discretion, this includes Participants who does not behave in a reasonable and respectable manner, are found to be in possession of any item prohibited by law, or any other conduct deemed inappropriate by Bua Boxing staff. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

Waiver, Release and Assumption of Risk: In addition to the signed Liability Waiver, the Member understands and agrees that he or she is voluntarily participating in physical activities which may expose the Member to some level of risk and/or injury, and the Member represents that he or she is aware of the nature of these activities and freely and willingly accepts any and all risks associated with participation in these activities. The Member represents that he or she is in good physical health, and the Member shall notify Bua Boxing in writing if he or she becomes unable to participate in physical activity. In consideration of Bua Boxing’s allowing the Member to participate in the activities provided by Bua Boxing and to use the Facility, the Member hereby agrees to indemnify and hold harmless Bua Boxing, it’s instructors, officers and employees, against loss (including reasonable attorney fees) from any and all claims, demands or causes of action of any kind or nature that may hereafter at any time be made or brought by the Member or on Member’s behalf for any known or unknown, foreseen or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by the Member as a direct or indirect result of participating in the aforementioned activities and use of the Facility and/or equipment of Bua Boxing. This section shall continue in full force and effect even after the termination of the Member’s Membership with Bua Boxing.

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please contact us at info@buaboxing.com.

Bua Boxing

2509 Steinway Street, Astoria, NY 11105

info@buaboxing.com