TERMS & CONDITIONS
These Terms govern the relationship between you (herein after “the member” or “you”) and Knockout Austin, LLC (herein after The “Company”, “we”, or “our”) together collectively called “The Parties” with respect to booking of classes.
1. The Company 1.1
Knockout Austin, LLC., its subsidiaries and affiliates provide health and fitness services aligned to kickboxing classes. Classes are offered in an one on one or group setting.
2.1 These Terms of Service set forth the terms and conditions under which you can set up an account, make reservations and pay for and participate in classes. By setting up an account, making a reservation or paying for or participating in a class, you agree to these Terms of Service.
3. Website and account
3.1 In order to purchase a series, make a reservation, book a class, or access other features of the website, you must create a user account.
3.2 Each user account is for the sole use of the member who created the account. Sharing of accounts is not permitted under any circumstances. When creating your account, you must provide accurate and complete information.
3.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.4 You must notify us immediately of any breach of security or unauthorized use of your account.
3.5 The Company will not be liable for any losses or damages incurred by you that are caused by any unauthorized use of your account.
4.1 To make a reservation you must use the online booking system.
4.2 Classes can be booked up to two weeks in advance, but not later than 1 hour prior to class time.
4.3 A member that books a class will be liable for any fees associated with booking that class and should notify the team if they do not intend to make a class they have made a reservation for. Failure to appear at a class will not entitle the member to a refund.
4.4 For online purchases, we accept American Express, MasterCard, Visa, and Discover (although we reserve the right to change what digital payments we accept from time-to-time, at our sole discretion).
4.5 Your credit/debit card will be charged when you confirm your purchase. All purchases are final and non-refundable.
5.1. When available on the website, a member may book classes through the method known as a Series.
5.2 Series enable the member to book multiple or single classes at once. A series must be purchased in order to book classes.
5.3 Once the member has purchased a series they can select what classes they wish to book. The Credit contained within a Series will diminish the more classes that are booked.
5.4 The Member is notified that each Series has an expiration date provided at the time of purchase.
5.5 Series that are booked that are unused when a Series expires will not be refunded.
5.6 Series prices are subject to change at our sole discretion, but any increase will not apply to a Series that has already been purchased.
6. Cancellation of classes
6.1 In order to cancel a class, you must “unreserve” that class no later than 6 hours before the scheduled time of the class. This can be done online or over the phone.
6.2 Once your class is unreserved in a timely manner, the credit for the class will be returned to your Series to be used at a future date (subject to expiration of the Series) if purchased using the series method.
6.3 If the member did not use the Series method a credit will be issued on their account for the amount paid for the class.
6.4 If you haven't unreserved your class within 6 hours before the class is scheduled, your scheduled class will be charged to and deducted from your Series or payment will be retained, even if you do not attend the class.
7. Failure to pay fees
7.1 If you fail to pay any charges when due, services or privileges may be suspended or terminated. You are responsible and liable for fees, including attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
8. Members Health
8.1 The member represents and warrants to us that you are in good physical condition and have no medical condition or impairment that could prevent you from your intended use of the classes, activities, programs, premises, facilities and equipment provided by us (collectively, “Classes and Facilities”).
8.2 It is recommended that you undertake a medical examination from a healthcare professional before engaging in kickboxing.
8.3 The member acknowledges that we have not given you any medical advice and cannot give you any such advice, whether related to your physical condition and ability to use the Classes and Facilities or otherwise.
8.4 The member acknowledges and agrees that you will discuss any health or medical concerns with your personal physician or other health professional prior to and while using our Classes and Facilities.
9. NOTICE WE HEREBY ADVISE YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING OUR CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION OUR STAFF, YOU WOULD BE AT PHYSICAL RISK USING OUR CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO OUR CLASSES AND FACILITIES.
10. Waiver and Release
10.1 By this Agreement each party hereto releases the other party hereto from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are related or in any manner incidental to the Lease and which first arise out of transactions and occurrences from and after the Termination Date. Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits. In connection with such waiver and relinquishment, each party acknowledges that it is aware that it or its attorneys or accountants may hereafter discover facts in addition to or different from those which it now knows or believes to exist with respect to the subject matter of this Agreement or the other party hereto but that is such parties intention hereby fully, finally, and forever to settle and release all of the claims, disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may exist hereafter between each party.
10.2 Nothing contained in this section will remove the companies right to recover unpaid sums due for their performance under this contract and any costs associated with the recovery of that sum contained in section 2.
11 Liability for Personal Property
11.1 The Company, its members, and employees shall not be liable to you for any personal property that is damaged, lost or stolen while on or around our premises including, but not limited to, a vehicle or its contents or any property left in a locker. You shall be liable to us for any damage to our facilities and any equipment, furniture or fixture located thereon caused by you.
12. Changes to Classes and Facilities
12.1 We reserve the right to add or eliminate locations and facilities available to you. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.
13. Rules and Regulations
13.1 You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Classes and Facilities. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on this website or by posting at our facilities. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion.
14.1 Any notices concerning this agreement should be sent to the company head office - 1211 W. 6th Street. Austin, TX 78703
15. Survival and Jurisdiction
15.1 Any term that is deemed to be incompatible with law will be struck from this agreement. The remaining terms shall remain in force.
15.2 The laws of the state of Texas shall apply to this agreement and the State of Texas shall have hold jurisdictional power over disputes.