Terms & Conditions

BEATBOX Fitness Inc.

Terms and Conditions

Updated: November 2019

Please read the Terms and Conditions carefully before accepting

TERMS OF SERVICE

This policy governs the use of www.beatboxto.com (the “site”) and app operated by BEATBOX Fitness Inc. The contents of the site and app are owned and operated by BEATBOX Fitness Inc. Both platforms are designed to allow clients and users to make class purchases, book spots and register for class, buy merchandise and get in contact with BEATBOX Fitness Inc. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of BEATBOX Services. You are only authorized to use the BEATBOX Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the BEATBOX website and discontinue use of BEATBOX Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS

To access some features of the website, you will have to create a BEATBOX account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

MEMBER SERVICES AND POLICIES/STUDIO RULES AND REGULATIONS

CANCELLATIONS: You must cancel class 12 hours in advance or you will be deducted that class. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system.

PERSONAL BELONGINGS: You agree that BEATBOX is in no way responsible for the safekeeping of your personal belongings while you are present in the facility. You assume all risk of loss for any of your personal belongings.

ATTENDANCE: You must be physically present at the start of class or your spot may be released to a waitlisted client. There is a 5-minute window after the class starts where you will be allowed to come into the class. After that, your spot will be given to waitlisted client. Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.

STUDIO: If recovering from injury or illness, notify the instructor prior to the class start time. Phones are not permitted within fitness studio. Gym equipment is to be used as directed. Do not enter studios while class is in progress.

CLUB FACILITIES: Toiletries and amenities, including but not limited to skincare products, body care products and towels, are to be enjoyed by guests that have purchased a class or service that day in reasonable quantities. These items may not be removed from the BEATBOX premises. Tampering with equipment, such as thermostats is not permitted. If you require assistance, please ask a team member. Lockers are for day use only. Contents left in lockers overnight may be placed in lost & found or donated to charity.

BEHAVIOUR: BEATBOX intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offenses. Harassment of any sort – verbal, physical, and visual – will not be tolerated. BEATBOX is a place of wellness and community. Be respectful of other guests and team members.

PURCHASING CLASSES/PACKAGES AND MEMBERSHIPS

To be eligible to book or attend a class, you must first purchase a BEATBOX membership, individual class or package of classes. Once you buy your membership, class or package of classes, you can then book a class. The memberships, classes and packages offered at our Studios, as well as the current prices and expiration dates are described on our website located at www.beatboxto.com (the “Site”).

You can purchase a membership, class or package of classes in person or online. To purchase online, you must create a user account on the Site as described in the Terms and Conditions, or if you are already registered, simply log in to your account.

Expiration Dates

Memberships, classes and packages expire. The expiration dates are set out below:

· All CLASS PACKAGES expire depending on the number of classes. It is clearly stated on the website (www.beatboxto.com) when packages expire in the PRICING page.

· ALL MONTHLY UNLIMITED MEMBERSHIPS are valid from the purchase date, until the same date of the next month (.e.g. if a membership is bought on February 15 using a monthly unlimited package, the membership will terminate on March 14 at 11:59 p.m.). This membership will automatically renew unless cancelled by client. These memberships are able to be paused if need be, please contact the studio.

Pricing

Prices for memberships, individual classes and series of classes are subject to change. However, we will honor any memberships, classes or series of classes that you have purchased, regardless of whether there has been a price increase since your purchase.

We currently accept payment by cash (applicable in person; only at certain studios), debit card, Visa, MasterCard and American Express. You must first pay for a membership, class or package of classes to book a class online.

Classes:
All classes and membership packages are non-refundable. No exceptions.

Memberships:
All classes and membership packages are non-refundable. No exceptions.

Retail items:
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.

For questions or support with online purchases or returns, please contact info@beatboxto.com

Your Cancellation Rights Under Consumer Protection Legislation

The following applies if you have purchased and paid for in advance a membership or series of classes for over $50:

You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the Agreement and the day all the Services are available. You do not need to give BEATBOX a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, in Ontario you may contact the Ministry of Consumer and Business Services.

To cancel this Agreement, you must give notice of cancellation to BEATBOX, at the address as set out in the Agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the Agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this Agreement within the 10-day period, BEATBOX has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

LIMITATION OF LIABILITY

By signing your initial contract and/or attending classes, events, activities, and other programs and using the BEATBOX 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 the BEATBOX workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that BEATBOX strongly recommends that you consult with my physician prior to commencing any classes. By signing this document, 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. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages BEATBOX Fitness Inc., its instructors, members and employees.

The content on the BEATBOX website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BEATBOX Fitness Inc., subject to copyright and other intellectual property rights under the law.

MINORS

Membership is void where prohibited. This website is intended for Users who are 13 years of age or older. Any registration by use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using BEATBOX Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

FEES

You acknowledge that BEATBOX charges fees for its services, and BEATBOX reserves the right to change its fees from time to time in its discretion. If BEATBOX terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

TERM

These Terms of Service shall remain in full force and effect while you use the BEATBOX Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting the club directly via email. BEATBOX may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that BEATBOX charges fees for its services, and reserves the right to change its fees from time to time in its discretion. If BEATBOX terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify BEATBOX immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by BEATBOX on the website, shall constitute the entire agreement between you and BEATBOX concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BEATBOX’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BEATBOX reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service at any time and without notice, and it is your responsibility review these Terms of Service for any changes. Your use of the BEATBOX website following any amendment of these Terms of Service will signify your assent to and acceptance of its revisions.

ARBITRATION

You and BEATBOX agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms of Service, the practices of BEATBOX or its services, or your dealings with this site, please contact us at info@beatboxto.com

BEATBOX Fitness Inc. has the right to amend this agreement at any time