TERMS & CONDITIONS

Effective as of June 6, 2022

This policy governs your use of the BIG HIT® website and app (the “Website” and the “App”). The Website and App are designed to allow users to purchase memberships, purchase punch packs, register for classes, including BIG HIT® classes, book spots, buy merchandise, and communicate with Big Hit Holdings Inc. (“Big Hit”). This policy also governs your attendance at in-studio BIG HIT® classes and workouts.

RESERVATIONS/CHARGES/CLASSES/AND GIFT CARDS

In order to make a reservation, you must first buy a class or a membership. To buy an individual class or membership online, you can either sign up on the Website or App by using your email and creating a password, or if you are already registered, login to buy a membership and make your reservation. 

You should be aware that classes expire, and future prices are subject to change. We accept MasterCard, Visa, and Debit. Your credit/debit card will be charged for your order when you submit your reservation. BIG HIT® will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 BIG HIT® may incur in its efforts to collect any unpaid balances from you.

You can make purchases on our website, on our app or in store by Visa, MasterCard or Debit. All prices are indicated in Canadian Dollars and do not include HST.

Refunds of merchandise can be issued within 14 days of purchase if the product is in “unused” condition. After 14 days, a studio credit for the product will be applied where a member can choose how to use their credit.

Classes, memberships and services are non-refundable. Should members need to stop a service purchased the member has the opportunity to transfer their purchased service to another member OR receive a studio credit.

By clicking “Place Order” you confirm you have read and accepted our terms and conditions.

BIG HIT®’s gift certificates (“gift cards”) never expire and can be used towards any purchase including classes, memberships, water, glove rentals, or wraps and merchandise. Once a class or membership is purchased using a gift card, the rules, fees and expiry dates applicable to that particular class or membership will be in effect. 

Classes and memberships do expire. The expiration dates are posted in the description of the class or membership on our website and app. Future class prices are subject to change, but BIG HIT® will honour your class or membership until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class or membership, not when you book your class. BIG HIT® will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 BIG HIT® may incur in its efforts to collect any unpaid balances from you.

All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. BIG HIT® reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class, or membership of the same. Should BIG HIT® charge you the full price, your rights to then cancel such class or membership and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. BIG HIT® also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.

CANCELATION & LATE ARRIVAL POLICY

To create an environment of respect and professionalism, and to be fair to our instructors and other members, we do ask that you, if necessary, cancel in advance classes you are registered for.We require a minimum of 8 hours notice for class cancellations. If you late cancel or are absent for your reservation you will be charged $20 to your credit card on file. If you do not have a valid credit card on file the fee will be applied to your account and must be settled at your next visit. If fees accumulate to $40, your account will be suspended from booking online until fees are settled.

Punch pack memberships incur the same $20 late fee and do not lose a class.Late cancel fees are donated to our affiliate charity, SICK KIDS FOUNDATION.

Reservations may be cancelled online or by calling (647) 748-2448 or emailing fortyork@bighit.ca.

There are no late entries permitted for any class. If you do not arrive on time, you will be denied entry and charged the applicable late cancellation fee. For first-timers, if you are not 15 minutes early for your first class, we reserve the right to deny you entry to that class.

I understand and consent to the incurred cost of any late cancellations or missed classes, as outlined in the Cancellation Policy.

ASSUMPTION OF RISK

To the best of my knowledge, I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly
and/or indirectly to BIG HIT®. I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death. I understand that as a result of my participation in an exercise program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I recognize that an examination by a physician should be obtained by all participants prior to involvement in any exercise program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise program with BIG HIT®, I hereby agree that I am doing so at my own risk.

In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

I acknowledge that I thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against BIG HIT® for your negligence or that of your employees, agents, or contractors.

REQUIRED EQUIPMENT

Your safety and physical wellbeing is of primary importance to BIG HIT®. In order to participate in a class it is mandatory for all participants to use gloves for the strike side and athletic footwear for the lift side. BIG HIT® reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.

RIGHTS TO CANCEL

You or your representative may only cancel your purchase of a class, or membership for one of the reasons listed below. To do so, you must give us written notice, by e-mail to fortyork@bighit.ca.

You may cancel your contract in any of the following circumstances: if you become disabled and, as a result, cannot physically participate in a class or membership you have purchased, and your condition is verified by a doctor, BIG HIT® will refund you the purchase price of your unused class. If you die, BIG HIT® will refund your representative the purchase price of your unused class or classes or membership.

If BIG HIT®stops offering classes, you may cancel your purchase.

RETAIL RETURNS

Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange or BIG HIT® store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to gloves, wraps, and water bottles, are final sale unless otherwise stated.

PRIVATE TRAINING

Private Training sessions are only refundable if cancelled by calling the applicable studio no later than 5 p.m. local time on the day prior to your session.

PRIVATE EVENTS & BAG BLOCKS

Event & bag block fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that BIG HIT® may permit you to bring into a BIG HIT® studio as part of a private event must include BIG HIT® as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

WAIVER AND RELEASE, INFORMED CONSENT AND COVENANT NOT TO SUE

I have volunteered to participate in a program of physical exercise under the direction of BIG HIT®, which will include, but may not be limited to, weight and/or resistance training. In consideration of BIG HIT® agreement to instruct, assist, and train me, I do here and forever release and discharge and hereby hold harmless BIG HIT®, and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting therefrom.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment at BIG HIT® and my participation in any activity, class program, personal training or instruction (2) equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/or falling, dropping of equipment while at BIG HIT® including adjacent sidewalks and parking areas.

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 BIG HIT®, its affiliates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing, running and exercise equipment use in association with the Classes and 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. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the BIG HIT® staff, you would be at physical risk participating in BIG HIT®’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish BIG HIT® with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing BIG HIT®’s concerns and stating that BIG HIT®’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, (2) release, indemnify, and hold harmless BIG HIT®, 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 BIG HIT®’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 BIG HIT®’s Classes and Facilities, and should not be participating in any Classes. It is recommended that you talk to your doctor before using BIG HIT®s facilities.

VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that BIG HIT® shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.

ETIQUETTE: To preserve the BIG HIT®integrity, Clients agree to abide by BIG HIT®t’s etiquette guidelines found on BIG HIT® studio walls and on the Website and App. BIG HIT® reserves the right to deny access to any person BIG HIT® deems to be acting in an inappropriate or unsafe manner.

AGE REQUIREMENT

This waiver and release of liability, states that the age requirement of an individual must be older than sixteen years of age to participate in any fitness activity at BIG HIT®.

GEOGRAPHIC USE OF CLASSES

BIG HIT® offers different memberships and before you buy a class, or membership, it is important that you read the written descriptions we provide about what the class, its expiration date, and the region in which it may be used.

LINKS/THIRD PARTY WEBSITES

BIG HIT® has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the BIG HIT® logo, please understand that it is independent from BIG HIT®, and that BIG HIT® has no control over the content of that website and/or app.

Going to third party or off-site websites or apps from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with BIG HIT®.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of BIG HIT® are proprietary to BIG HIT® and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, BIG HIT®. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of BIG HIT®, is strictly prohibited.

You acknowledge that BIG HIT® and/or third-party content providers remain the owners of all Website and App 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 and Conditions. BIG HIT® may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

As between you and BIG HIT®, you own all content that you submit to BIG HIT®. You grant BIG HIT® and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of BIG HIT®’s services permission to view your content for their personal, non-commercial purposes.

In participating in BIG HIT®’s classes, you may be photographed, videoed or otherwise recorded by BIG HIT® or third parties authorized by BIG HIT® in its or such third parties producing of content which among other things BIG HIT® or such third parties may use to advertise, report upon, market and/or promote BIG HIT® and its services. You hereby consent to such usage of your imagery (including those of minors that you may sign up for participation in BIG HIT® classes for all and any such purpose by BIG HIT® and such third parties and hereby agree that BIG HIT® and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of BIG HIT® 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 App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App 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 or apps to this Website and App.

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 BIG HIT®’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 or App in connection with the sale or resale of any BIG HIT® products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, BIG HIT®’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, your permission to use BIG HIT®’s material will automatically terminate and any copies made of BIG HIT®’s material must be immediately destroyed.

Any unauthorized use of BIG HIT®’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.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will BIG HIT®t be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, 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 BIG HIT® expressly advised of the possibility of such damage.

All information is provided by BIG HIT® on an “as is” basis only. BIG HIT® provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

CHOICE OF LAW

The Website and App, and your use hereof, is governed by the Province of Ontario, Canada. Any claim arising out of your use of this Website and App must be brought in Ontario, Canada.

POLICY CHANGES

Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in BIG HIT®’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

ACCEPTANCE OF TERMS

By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website or App, or communicate with BIG HIT® via email, you are communicating electronically. You consent to receive communications from BIG HIT® electronically. BIG HIT® will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that BIG HIT® provides electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION

BIG HIT® does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to BIG HIT®. Personal information might be obtained from online transactions such as class/punch pack purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by BIG HIT® must be voluntarily submitted by the user.

BIG HIT® may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Website and App collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows BIG HIT® to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

SECURITY STATEMENT

BIG HIT® makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we aim to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION?

When a secure connection is established between your browser and a website or app, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for “secure” and indicates a secure connection to the BIG HIT® website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

COOKIES

A cookie is a small text file that is sent to your browser from a website or app and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites — the website or app that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Website and App uses cookies to obtain certain types of information. For example, BIG HIT® might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behaviour. BIG HIT® reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED

The following are examples of how BIG HIT® might use the personal information collected through the Website and App:

* If you purchase a BIG HIT® membership, punch pack, sign up  class, or purchase retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

* If you indicate that you are interested in receiving BIG HIT® related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website and App:

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall BIG HIT® experience.

You can help BIG HIT® maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. BIG HIT® will never share telephone numbers, email addresses, or any personal data with third parties.

BIG HIT® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

PRIVACY OF MINORS

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. BIG HIT® 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.

A parent or guardian must sign a waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 16 years of age and at least 5 feet tall to participate in an in-person class.

If BIG HIT® discovers that personal information has been submitted by a minor without a signed participant/registration waiver, BIG HIT® reserves the right to delete such information. BIG HIT® does not seek or share personal information from minors throughout the Website or App.