DISCLAIMER POLICY (BOXERCISELINCOLN)
Boxing and Fitness
BOXERCISELINCOLN provides coaching courses solely for informational purposes and does not, expressly or by implication, promise, warrant or guarantee success or specific results. You agree that your ability to meet or achieve your goals depends on many factors including your knowledge and skill, dedication, character, creativity and/or attitude and/or the ability to integrate knowledge and apply the concepts learned. These are factors beyond our control and you agree that we cannot guarantee that you will make money or achieve other desired results. Although we have many participants who are satisfied with the course, many of which have achieved amazing results, actual results have varied greatly among individuals. By purchasing and participating in our courses, you acknowledge that we do not make any claim, warranty, guarantee, explicit or implied, for any specific, instant or favorable results. Neither do we claim that our courses will ameliorate any existing mental or medical condition. We offer no financial, legal, accounting, medical or psychological advice. If you want professional advice, you should consult, as applicable, a competent financial, legal, accounting or medical practitioner. Because we cannot control factors that produce actual results, you agree that we must disclaim liability for any loss or damage resulting from or related to your reliance on any opinion, advice or information contained in the course.
BOXERCISELINCOLN PROVIDES THE WEBSITE CONTENT ON THE SITE AS A CONVENIENCE TO MEMBERS AND USERS. WHILE WE TAKE REASONABLE EFFORTS TO PROVIDE ACCURATE, RELIABLE AND TIMELY INFORMATION, THERE MAY BE UNINTENTIONAL TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE SITE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING, WITHOUT LIMITATION, AFTER YOU HAVE REGISTERED AT THE SITE AND/OR SUBMITTED CONTENT. BOXERCISELINCOLN DOES NOT REPRESENT, WARRANT OR IMPLY THAT THE WEBSITE CONTENT, MATERIALS AND SERVICES PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SITE ARE SUITABLE.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless BOXERCISELINCOLN, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
THE WEBSITE CONTENT, MATERIALS AND INFORMATION ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOXERCISELINCOLN DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT OR THE MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS AND/OR MEMBERS’ EXPECTED RESULTS. NO COACHING, OPINION, ADVICE, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, HARM OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of liability:
You acknowledge and agree that the Company’s services are provided for instruction purposes only and you use and rely on them at your own sole risk. You hereby agree to release us and our officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, participants and related entities from any and all damages that may result from any claim arising from or connected to any agreement. Contract, cause of action, suit, costs, demands and damages of whatever nature or kind in law or equity arising from your participation in the courses or programs offered by BOXERCISELINCOLN.
In no event shall BOXERCISELINCOLN, its affiliates or any of their respective directors, officers, employees, agents, partners, affiliates, assigns, suppliers, service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract, tort or strict liability, including, but not limited to, negligence or otherwise) arising from or in any way related to the use or misuse of, or the inability to use the Company’s services or enrollment in the course or program. BOXERCISELINCOLN accepts no responsibility for errors or omissions that may appear in the content or material in the course or program.
In any event, BOXERCISELINCOLN's total liability to you under this Agreement for damages, costs, and expenses shall not exceed the amount paid by you for the course under this agreement. Some jurisdictions do not allow this exclusion of liability or limitation of consequential damages and to the fullest extent permitted by the law some of the above limitations may not apply to you.
You agree to indemnify, compensate, defend and hold us and our employees, directors, officers, agents, partners, affiliates, suppliers harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable attorney’s fees, arising from or connected to any breach of these Terms by you or any other obligations arising out of your use of this Site.
Governing Law: These Terms and any claim or dispute arising therefrom shall be governed by the laws of the StateStat law.
Entire Agreement: You and BOXERCISELINCOLN agree that these Terms constitute the entire agreement between the parties relating to this subject matter and supersede all prior and simultaneous representations, negotiations and agreements, whether written or oral.
Severable Terms: If any part of this Terms and Conditions is found to be unenforceable, that part will be severed and the remaining provisions of this Terms will remain in full force.
Waiver: If we fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision
Agreement: You must not assign your right or obligation under these Terms to any person or entity without express written approval of BOXERCISELINCOLN.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding about this site, its privacy policies, and/or any additional terms and conditions that may apply, visit our website and click on its information links or contact us directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
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TERM AND CONDITIONS (BOXERCISELINCOLN)
Fitness and boxing
Membership and Access
Members must be 16 years and over unless accompanied by an adult for the evening classes and must be 14 or over. All family class attendees must be accompanied by an adult. Proof of identity must be displayed upon member registration. Classes and instructors are subject to change without prior notification. BOXERCISELINCOLN membership and access is not transferable to another person. BOXERCISELINCOLN access will automatically renew on the member's individual renewal date, unless BOXERCISELINCOLN is instructed by the member to cancel the membership. Termination of membership by the member is with four weeks written notice to BOXERCISELINCOLN.
BOXERCISELINCOLN access can only be used by the members registered to our platform. BOXERCISELINCOLN access includes access to BOXERCISELINCOLN equipment and all group classes, during open hours. There are additional charges to private fitness classes. Upon the expiration of your BOXERCISELINCOLN membership, all entitlements of your membership are forfeited.
Health and Safety
By signing this document you give permission for BOXERCISELINCOLN staff to seek medical assistance at your expense in an emergency if required. It is recommended that you visit your doctor prior to commencing regular exercise program. If you are female and are pregnant you must notify BOXERCISELINCOLN staff prior to the commencement of any classes or equipment use. It is strongly recommended that all BOXERCISELINCOLN members are covered by ambulance insurance. BOXERCISELINCOLN reserves the right to refuse use of the facilities at any time should it be concerned about a member's state of physical health or the health and safety of other members.
Subject to any applicable legislation, BOXERCISELINCOLN accepts no liability for any damage, loss, illness or injury resulting from the use of BOXERCISELINCOLN facilities by members or guests howsoever that may have been caused, save for death or personal injury caused by its own negligence. BOXERCISELINCOLN accepts no liability for any illness or injury resulting from over exertion, aggravation or repetition of any medical condition caused by the use ofBOXERCISELINCOLN 's facilities. All persons use the facility on the express understanding that it is at their own risk and members and guests are strongly advised to seek medical advice before they begin exercise at BOXERCISELINCOLN. Personal property while on BOXERCISELINCOLN premise remains the responsibility of the member. BOXERCISELINCOLN accepts no liability for members' personal property if lost, stolen or damaged.
The member must not:
(a)Tamper with or damage any of BOXERCISELINCOLN equipment or property
(b)Rely upon any representation relating to BOXERCISELINCOLN equipment or its operation other than those contained in the manufacturer's or BOXERCISELINCOLN instructions or manuals
(c)Access BOXERCISELINCOLN's premises or use its services or equipment if affected by drugs and/or alcohol
(d)Exceed the recommended loads and capacity limits of the equipment
(e)Use or carry any illegal, prohibited or dangerous substances or materials on BOXERCISELINCOLN premises
BOXERCISELINCOLN reserves the right to terminate BOXERCISELINCOLN access immediately or refuse any application or renewal of BOXERCISELINCOLN access without warning if a member has behaved in a way that is risky or seriously inappropriate, such as:
(a)Threatening or harassing others
(b)Vandalism or deliberate damage to BOXERCISELINCOLN property or equipment
(c)Non-adherence to BOXERCISELINCOLN's terms and conditions
(d)Refusal to comply with the instructions of BOXERCISELINCOLN staff in relation to policy, procedures or safety
(e)Inappropriate behaviour towards members or staff
(f)Allowing non-members access to BOXERCISELINCOLN facilities
BOXERCISELINCOLN may without notice terminate a member's BOXERCISELINCOLN access, or refuse entry if a member is in breach of any of these conditions or for failure to pay any money owed to BOXERCISELINCOLN
In the case BOXERCISELINCOLN access being terminated for any of the behaviours listed above, no part of the funds paid to BOXERCISELINCOLN shall be refunded.
6. Waiver, Release and Indemnity
You acknowledge that there are dangers and risks inherent with participating in classes and using the equipment at BOXERCISELINCOLN (including, but not limited to any activity that is performed within BOXERCISELINCOLN and any specialised classes, courses and work-shops that is conducted within or external to BOXERCISELINCOLN) to which you may be exposed by accessing BOXERCISELINCOLN ("Activity").
You agree that you are participating in BOXERCISELINCOLN's Activity your own risk and you voluntarily assume responsibility for any injury, death or property damage you may suffer because of your participation in the Activity. To the maximum extent possible at law, you agree to release, hold harmless and indemnify BOXERCISELINCOLN against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by BOXERCISELINCOLN because of or in respect of or in any manner whatsoever arising out of or caused by your use of BOXERCISELINCOLN or participation in the Activity.
You agree that you are using BOXERCISELINCOLN on the express condition that BOXERCISELINCOLN:
(a)Will, under no circumstance be liable in any manner whatsoever for any death, loss, accident, damage or injury to you whatsoever which may happen because of your use of BOXERCISELINCOLN; and
(b)Will not incur or be under any liability whatsoever to you for any loss, damage or injury to or in respect of any of your property, except as occasioned by the gross
negligence, acts or omissions of BOXERCISELINCOLN or its servants, agents, contractors, or invitees.
To the extent permitted by legislation such as the Competition and Consumer Act 2010 (as amended from time to time) ("the Act") the sole warranties are those set out in these terms and conditions. If the services or BOXERCISELINCOLN equipment is in any way defective, the liability of BOXERCISELINCOLN will be limited to (at its election) replacement of BOXERCISELINCOLN equipment or re-supply of equivalent services or refund. This shall be the sole and exclusive remedy available to the member. In no circumstances shall BOXERCISELINCOLN have any liability arising from or as a result of delay in provision of any services or access to any equipment to the member. The member releases, indemnifies and holds harmless BOXERCISELINCOLN from any liability and any claim by any person in respect of services or use of BOXERCISELINCOLN equipment whether or not the loss or damage arises in connection with any negligence, default or lack of care on the part of BOXERCISELINCOLN or any of its representatives, any misrepresentation or any other cause. To the extent permitted by the Act, BOXERCISELINCOLN is not liable for prospective profits or special, indirect of consequential damages. Without limiting the generality of the foregoing, in no circumstances shall the liability of BOXERCISELINCOLN exceed the membership fee amount paid by the member. For the avoidance of doubt, 'consequential loss' means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
7. BOXERCISELINCOLN shall have no liability in respect of failure to deliver or perform, or delay in delivering or performing, any obligations due to any cause outside its reasonable control. This contract and the member's membership shall be voidable at the election of BOXERCISELINCOLN if provision of BOXERCISELINCOLN services is prevented by fire, flood, drought, frost, strike or other causes beyond the reasonable control of the Company
8.These terms and conditions may be amended from time to time and any amendments will apply to each member's membership. Any amended or current terms and conditions can be accessed from BOXERCISELINCOLN premises
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