Terms and Conditions

PUGILIST LLC DBA PUGILIST GYM

IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY.

You hereby acknowledge and agree that use by Member and/or Members minor children of the facilities, services, equipment or premises offered by Pugilist LLC DBA Pugilist Gym as used in this provision (includes Pugilist LLC DBA Pugilist Gym, its employees and contractors) involves risks of injury to persons and property. Member understands, voluntarily accepts and assumes full responsibility for such risks, which include (but are not limited to) injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised activities or classes; injuries arising from physical contact with other individuals and/or heavy bags, injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; accidental injuries occurring in restrooms and common areas; and injuries so severe they result in permanent disability, head injury, paralysis, and even death. Further, in consideration of Member and Members minor children being permitted to enter any facility of Pugilist LLC DBA Pugilist Gym (a "Gym") for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees that Pugilist LLC DBA Pugilist Gym will not be liable for any injury to the person or property of Member and/or Members minor children, and Member hereby releases and holds harmless Pugilist LLC DBA Pugilist Gym from all liability to Member, Members children and Member's personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to person or property, including injury leading to death, whether caused by the active or passive negligence of Pugilist LLC DBA Pugilist Gym or otherwise, and whether related to exercise or not, to the fullest extent permitted by law, while Member and/or Members minor children are in, on, or about Gym premises or using any Pugilist LLC DBA Pugilist Gym facilities, services or equipment. Member also hereby agrees to indemnify Pugilist LLC DBA Pugilist Gym from any loss, liability, damage or cost Pugilist LLC DBA Pugilist Gym may incur due to the presence of Member and/or Members children in, on or about Gym premises or in any way observing or using any facilities or equipment of Pugilist LLC DBA Pugilist Gym, whether caused by the negligence Member(s) or otherwise. You also represent (a) that Member and Members minor children are in good physical condition and have no disability, illness, or condition that could prevent Member(s) from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member's health. Member further expressly agrees that this release and waiver of liability and indemnity is intended to be as broad and inclusive as permitted by the law of the state of California and that if any portion is held invalid, the balance shall continue in full force and effect. Member has read this release and waiver of liability and indemnity and agrees that no oral representations, statements or inducement apart from this Agreement have been made. Dues Rate: Pugilist Gym may increase the Dues amount after your one-year anniversary date with at least 30 days notice.

Agreement to Arbitrate. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND PUGILIST LLC DBA PUGILIST GYM (PUGILIST LLC DBA PUGILIST GYM AS USED IN THIS PROVISION MEANS PUGILIST LLC DBA PUGILIST GYM , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND PUGILIST LLC DBA PUGILIST GYM CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR PUGILIST LLC DBA PUGILIST GYM, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND PUGILIST LLC DBA PUGILIST GYM ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND PUGILIST LLC DBA PUGILIST GYM. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY PUGILIST LLC DBA PUGILIST GYM IN WRITING, BY MAIL TO PUGILIST GYM, 1746 N MOORPARK RD, THOUSAND OAKS CA 91360, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH PUGILIST BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSONS ACCOUNT, IF PUGILIST LLC DBA PUGILIST GYM IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT

Cancellation Policy

Classes
Classes are offered on a first come, first served basis. There is no penalty for not showing up to a class you intended to attend. If you purchased a single session class "drop-in" pass and cannot attend the class you originally intended to, you may use that pass for any other class in the same service category within 1 month of original purchase.

Purchase Policy

YOUR EFT/CC BILLING DATE: If this is a Monthly Dues Membership, the Account is being charged for your first months Dues. Your remaining monthly Dues will be automatically billed to and collected electronically from the Account once a month on or immediately after that same date each month (Billing Date), until your Membership is cancelled as provided herein.

*EFT/CC REQUEST: To the extent permitted by law, you authorize us to initiate separate EFT/CC charges from the account you identified and/or any replacement account (the Account) for the following amounts: (1) your monthly Dues; (2) a return fee up to $25 for any EFT charge returned unpaid or on a credit/debit card return; and (3) any other fee for personal training services or other goods or services we provide you from time to time if you instruct us to bill the charge to your Account on file, as authorized by you at that time. Authorized EFT/CC payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT/CC payments. You have the right to receive notice if a preauthorized charge varies from the previous amount. If tax rates change to alter such a charge, you consent to receive notice only if the charge varies by more than 10%. You may cancel your EFT/CC authorization by giving us written notice of termination. It will take effect after we have had a sufficient time to allow us and your financial institution, using commercially reasonable efforts, to act on the notice.
Financial Policies: If you are purchasing a new Pugilist LLC DBA Pugilist Gym Membership, it is guaranteed that your Dues will not increase during the contract period. You agree to pay Dues in advance for each month of Membership. Termination of Membership will be effective only if the procedures described herein are followed. In addition to the other Dues, fees and charges provided for in this Agreement, you agree to pay a $25 service fee for any item or direct charge memo not paid by your financial institution or account when presented for payment by Pugilist LLC DBA Pugilist Gym. Failure by any Member to use the Membership will not relieve you of your payment obligation regardless of the circumstances, except as provided herein. If any payment of Dues or other charges is not made on time, Pugilist LLC DBA Pugilist Gym may, but is not obligated to, suspend or terminate your Membership. No refunds shall be made for Dues paid, except as specifically provided in this Agreement. In case of a multi-member Membership, termination by one Member may cause the Dues rates applicable to the remaining Members to increase to the prevailing individual rates. In no event shall this Agreement require payments or financing or extend for a period that would give rise to a retail installment contract or be greater than that permitted under the laws of the State of California

Pugilist LLC DBA Pugilist Gym reserves the right to increase its Membership dues from time to time, and will provide Members 30 days written notice in advance of any increase and the opportunity to cancel their Membership before the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented.

Terms and Conditions

By signing this document/agreement, you accept the following Terms and Conditions; Privacy Policy (Terms and Conditions) to constitute a binding, contractual agreement between you and Pugilist LLC DBA Pugilist Gym (Pugilist LLC DBA Pugilist Gym, we or us or our) regarding your purchase of a Pugilist LLC DBA Pugilist Gym Membership for monthly individual classes at 1746 N Moorpark Rd, Thousand Oaks CA 91360.

TERMS & DEFINITIONS

A Member is anyone who purchases a monthly Membership and/or anyone who pays for and attends an individual class from Pugilist LLC DBA Pugilist Gym. Pugilist LLC DBA Pugilist Gym refers to (as appropriate) any and/or all facilities, equipment, services and/or classes offered by Pugilist LLC DBA Pugilist Gym. A Trainer is anyone contracted by Pugilist LLC DBA Pugilist Gym to teach a class, workout in group, semi private or private setting. Premises refers to the entirety of the interior space of Pugilist LLC DBA Pugilist Gym, including workout areas, reception, any/all common areas, restrooms, store rooms, offices and any and all areas contained within 1746 N Moorpark Rd, Thousand Oaks CA 91360. Class and/or Service refers to any and all Trainer conducted physical workouts for an entire group and/or physical workouts for individual Members in a group, semi-private and/or private setting. Facilities and Equipment includes but not restricted to gloves, bags, mitts, weights and any and all fitness apparatus used by Pugilist LLC DBA Pugilist Gym for its services and/or classes.
These Terms and Conditions apply without exception to all Members. Every time you make a purchase from us for a month or pay to attend an individual class from Pugilist LLC DBA Pugilist Gym, you acknowledge and accept these Terms and Conditions. Pugilist LLC DBA Pugilist Gym reserves the right to modify these Terms and Conditions at any time.

Except for certain types of disputes mentioned in that clause, you and Pugilist LLC DBA Pugilist Gym agree that disputes between us will be resolved by mandatory binding arbitration, and you waive any right to participate in a class action lawsuit or class arbitration.

MEMBERSHIP

Pugilist LLC DBA Pugilist Gym offers monthly Memberships for unlimited Pugilist Gym classes and individual class Memberships. Specific details for each of the Memberships, including the commitment period, can be found on the Pugilist Gym Website, App and/or upon request of a printed handout of these Terms and Conditions. Memberships cannot be sold, shared or transferred. Any attempt to sell, share or transfer a Membership will result in cancellation of the Membership, at Pugilist LLC DBA Pugilist Gyms sole discretion, without a refund.
LOSS OF PROPERTY: Members are urged not to bring valuables onto Pugilist LLC DBA Pugilist Gym premises and, if they choose to do so, to keep valuables with themselves at all times. Lockers are provided only as a courtesy and convenience but Pugilist LLC DBA Pugilist Gym shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables), including items left in lockers and/or Premises.

ADDITIONAL GENERAL PROVISIONS

LOCKERS

Lockers and cubbies are provided solely as a courtesy and convenience for the Members. Pugilist LLC DBA Pugilist Gym staff will remove (and may discard) any articles left in a locker overnight. See Loss of Property clause above.
DRESS CODE: Proper athletic attire and footwear, no street clothes, must be worn at all times. Hand wraps and boxing gloves are required, and not supplied by Pugilist Gym, when taking boxing or kickboxing classes. Shoes must be worn in the facility unless you are participating in certain Martial Arts classes such as Muay Thai, Brazilian Jiu Jitsu, MMA, etc. Pugilist LLC DBA Pugilist Gym reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

PERSONAL TRAINING

Upon a Members request, Pugilist LLC DBA Pugilist Gym may refer the member to the services of independent contractors available to Member for private and semi-private classes. Only approved Training Contractors may provide personal training services at Pugilist LLC DBA Pugilist Gym. Any compensation for training services is arranged directly between the Member and approved Trainer Contractor.

CHILDRENS USE

A parent or guardian is required to sign, in person, the liability waiver and contract for any person under the age of 18. Pugilist LLC DBA Pugilist Gym does not accept the online registration of minors; please do not attempt to register on the Pugilist Gym Website or Pugilist Gym App if you are under the age of 18. Children 10-15 years, who hold a childrens membership at Pugilist LLC DBA Pugilist Gym, may attend an adult class with their parent or guardian, provided the parent or guardian is a Pugilist LLC DBA Pugilist Gym member and is also present in the class. Children aged 10-15 are permitted to participate in specially designed childrens classes with the signed consent of a parent or guardian. If Pugilist LLC DBA Pugilist Gym discovers that personal information has been submitted by a minor without a waiver signed by the childs guardian, Pugilist LLC DBA Pugilist Gym reserves the right to delete such information. Pugilist LLC DBA Pugilist Gym does not seek or share personal information from minors.

RULES AND REGULATIONS

1. Upon entering the Gym, all Members are required to present their active Membership card or drivers license or other government issued picture identification. Without the Membership card or proper identification, Pugilist LLC DBA Pugilist Gym may prohibit your use of the facilities or may charge a guest fee for use of the facilities for that day. Alternative access permitted by checking in online through the Pugilist Gym website (www.pugilist-gym.com), the Pugilist / Virtuagym software portal (pugilistgym.virtuagym.com) or the Pugilist Gym Android or iOS Mobile App. Members must be at least 10 years old for childrens classes, and 16 years old for adult classes.
2. During Gym use, all Members and guests will refrain from engaging in loud, foul or slanderous language or molesting, badgering or harassing other Members or Gym employees, agents and contractors. Threatening or violent conduct is prohibited.
3. From time to time, Pugilist LLC DBA Pugilist Gym may permit independent contractors to offer products or services to Members. Pugilist LLC DBA Pugilist Gym does not stand behind or in any way make any representations or warranties concerning, or guarantee the quality or reliability of, these products or services, including whether or not these independent contractors will remain in business for any period of time.
4. Members and guests may not bring firearms, illegal drugs or alcoholic beverages onto Pugilist LLC DBA Pugilist Gym premises.
5. Members and guests will abide by any Pugilist LLC DBA Pugilist Gym rules and regulations posted at the Gym.
6. An active Pugilist LLC DBA Pugilist Gym Membership in good standing may be placed on an inactive status (frozen) pursuant to Pugilist LLC DBA Pugilist Gym then current policy.
7. Member is liable to Pugilist LLC DBA Pugilist Gym for any Gym damage caused by Member or Members guests.
8. Pugilist LLC DBA Pugilist Gym may suspend or terminate Members right to use the Gym facilities and services if Member or Members guests violate this Agreement or engage in other misconduct in or about the Pugilist LLC DBA Pugilist Gym facility. Member shall not be entitled to any refund, credit or abatement if such a breach of the Agreement occurs.
9. If you enrolled through a program offered by your insurance plan, Pugilist LLC DBA Pugilist Gym may terminate your membership upon such programs cancellation or your ineligibility thereunder.
10. After the initial 30 or 60 day commitment by both parties, Pugilist LLC DBA Pugilist Gym reserves the right to terminate the Membership for any reason whatsoever. In the event of a termination under this rule, a refund of the pre-paid Dues, if any, will be issued.
Return / Refund:
Pugilist LLC DBA Pugilist Gym will not issue refunds for Member contracts. A Member may cancel a membership contract as outlined in the cancellation policy.

Retail merchandise may only be returned if the merchandise is in original sellable condition. The return will be credited to the credit/debit card that was used to make the original purchase. No cash refunds will be issued.

Privacy Policy

PHOTOGRAPHY AND VIDEO

Unless informed to the contrary by Members, all Members grant Pugilist LLC DBA Pugilist Gym permission to use their likeness in a photograph and/or video in any and all publications and materials without payment or consideration made to them. Members realize these photos and/or videos become the property of Pugilist LLC DBA Pugilist Gym and will not be returned. Members authorize Pugilist LLC DBA Pugilist Gym to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. Members waive the right to review any photo or video or to obtain royalties from the photo or video. If you do not wish to be photographed, please let the Trainers/Staff of Pugilist LLC DBA Pugilist Gym know that you do not wish to have your picture/video made public. Pugilist LLC DBA Pugilist Gym members are not allowed to photograph or record images of other members without said members permission. Any member in violation of this policy will have there membership contract canceled.
Closed circuit security cameras are used in the Pugilist LLC DBA Pugilist Gym facility.

COMMUNICATIONS

By providing my personal information, I / We am granting Pugilist LLC DBA Pugilist Gym permission to send me e-mail alerts, mobile phone push notifications, newsletters, SMS text messages, and other communications regarding products, services, and offerings that may be of interest or that I registered to receive with the intent of offering me the best service possible.