Terms & Conditions
1. APPLICATION OF THESE TERMS AND CONDITIONS
These terms and conditions ("Terms") govern your relationship with CHAZAN CORP. ("CHAZAN CORP.", “CrossFit Shazam”, "we", "us", or "our"), including, but not limited to, your use of the Website www.crossfitshazam.com (the "Website"), your purchase of CrossFit Shazam memberships, your registration for classes, your purchase of merchandise, your communication with CrossFit Shazam, and your use of and attendance at CrossFit Shazam studio.
2. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. INFORMAL DISPUTE RESOLUTION
At CrossFit Shazam, we believe every workout and every athlete matters. Our goal is to do our best to ensure that every experience with CrossFit Shazam will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com or write to us at CrossFit Shazam, 1012 SW 8TH Street Miami, FL 33130 Attention: CrossFit Shazam Feedback. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. ARBITRATION AGREEMENT
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. CLASS ACTION WAIVER
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving CrossFit Shazam or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against CrossFit Shazam. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. DEFINITION OF DISPUTE
Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and CrossFit Shazam regarding any aspect of your relationship with CrossFit Shazam, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
3. USE OF THE SITE BY MINORS
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. CrossFit Shazam does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian.
In order to attend classes, you must first purchase a membership. To buy a membership please visit www.crossfitshazam.com
Future membership prices are subject to change by CrossFit Shazam. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a CrossFit Shazam studio.
Your credit/debit card will be charged for your order when you buy a membership. CrossFit Shazam will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that CrossFit Shazam may incur in its efforts to collect any unpaid balances from you.
5. FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES
The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. CrossFit Shazam offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) Annual Membership Agreements, (3) Prepaid Membership, and (4) Session(s) Membership. All Membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored
A. MEMBERSHIP TERM
The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the Membership plan),
and shall automatically renew upon the expiration of the plan, unless otherwise cancelled in accordance with the provisions of the Agreement.
B. CrossFit Shazam MEMBERSHIP OPTIONS
3.) 12 Month Contract (Paid Monthly)
4.) 6 Month Paid In Full
5.) 12 Month Paid In Full
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
C. ADDITIONAL RIGHTS TO HOLDS
Month-to-Month Membership Agreement and Annual Membership Agreements: The Client may place their Membership on hold two (2) times per calendar year up to three (3) consecutive months each time. The hold must be 30 days in duration at minimum. Upon expiration of the term of the hold, the Client's account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts the Annual Membership Agreement contract period and the contract term will resume upon the release of the Client’s hold period. Prepaid Membership and Sessions Agreements: The Prepaid Membership and Sessions Agreements are not subject to any hold options. Account holds are not permitted.
6. WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of CrossFit Shazam, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group-based functional fitness and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
If in the subjective opinion of the CrossFit Shazam staff, you would be at physical risk using CrossFit Shazam's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish CrossFit Shazam with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing CrossFit Shazam 's concerns and stating that CrossFit Shazam 's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless CrossFit Shazam, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of CrossFit Shazam 's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using CrossFit Shazam's Classes and Facilities and should not be participating in any Classes.
7. INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of CrossFit Shazam are proprietary to CrossFit Shazam and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, CrossFit Shazam. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of CrossFit Shazam, is strictly prohibited.
You acknowledge that CrossFit Shazam and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms.
8. NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of CrossFit Shazam to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
9. NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of CrossFit Shazam's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any CrossFit Shazam products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, CrossFit Shazam's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use CrossFit Shazam's material will automatically terminate and any copies made of CrossFit Shazam's material must be immediately destroyed.
Any unauthorized use of CrossFit Shazam's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will CrossFit Shazam be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of a CrossFit Shazam membership, your rights to cancel your purchase of a CrossFit Shazam membership, your registration for classes, your purchase of merchandise, your communication with CrossFit Shazam, and your use of and attendance at CrossFit Shazam 's gyms, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if CrossFit Shazam expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by CrossFit Shazam on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. CrossFit Shazam provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
11. ACCEPTANCE OF TERMS
By using the Website, purchasing a CrossFit Shazam membership, registering for a CrossFit Shazam class, purchasing merchandise, and/or using or attending a CrossFit Shazam class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a CrossFit Shazam membership, registering for a CrossFit Shazam class, purchasing merchandise, and/or using or attending a CrossFit Shazam class.
Occasional changes may be made to this document to reflect changes in CrossFit Shazam's policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying CrossFit Shazam memberships, registering for classes, buying merchandise, and/or using and attending CrossFit Shazam's studio, you agree to be bound by any such revisions. Athletes are encouraged to check this document periodically to stay informed of current guidelines.
12. CONTACT US
If you have any questions about these Terms you can reach us at firstname.lastname@example.org
EFFECTIVE DATE: June 01, 2016