VERANO BOXING CLUB LIMITED TERMS AND CONDITIONS

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.

1. ABOUT THESE CONDITIONS

1. These are the terms and conditions which apply exclusively to, and form an integral part of, any and all of the following: (i) your use of this Website, (ii) the purchase of Goods or Services from us, (iii) the entering of the Premises, (iv) the use of Facilities, (v) the participation in any Classes and/or (vi) any Agreement between you and us.
2. If you do not agree to these Conditions, you must not: use this Website, purchase any Goods or Services, enter the Premises, use the Facilities, participate in any Classes, nor enter into an Agreement with us.
3. This Website, the Goods and Services, the Facilities and Classes are all provided by Verano Boxing Club Limited. Further information about us is set out below at Condition 13.
4. You should read these Conditions carefully before using the Website, purchasing any Goods or Services, entering the Premises, using the Facilities, participating in any Classes and/or entering into any Agreement with us.
5. We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on the Website. You should check these Conditions before each purchase, visit to the Premises and each Class as they may have changed since your last purchase, visit or attendance.
6. When the following words with capital letters are used in these Conditions, this is what they mean:
   • a) “Agreement” any agreement between you and us regarding the purchase of any Goods or Services, any membership with us, any use of the Facilities and/or any participation in any Classes;
   • b) “Class” any exercise class, training session, bootcamp, activity or other event organised or provided by us or on our behalf;
   • c) “Conditions” the terms and conditions as set out in this document, as amended from time to time;
   • d) “Packages” packages purchased via our Website or at our Premises that may be used to make bookings for Classes;
   • e) “Facilities” our equipment, materials, class/training/changing rooms and/or any of our other facilities;
   • f) “Gym Rules” means the rules that apply to our Premises, Facilities and/or Classes as displayed at our Premises, made available on the Website, provided to you in written form and/or as otherwise made known to you, as may be amended from time to time;
   • g) “Goods” any goods offered for sale at the Website or any of our Premises;
   • h) “Premises” any of the gyms, training locations or other premises used by us from time to time;
   • i) “Services” any services (including Classes) made available to you by us (including via the Website);
   • j) “VBC” means Verano Boxing Club Limited and any and all of its affiliated companies;
   • k) “VBC Staff” employees, instructors, directors, officers and other staff of VBC;
   • l) “Waiver & Release” the waiver & release statement provided by us and that you need to sign and deliver to us prior to being permitted to enter the Premises, use any Facilities and participate in any Classes;
   • m) “we”, “us” and “our” means VBC;
   • n) “Website” https://www.veranoboxing club.com and any other website operated by us from time to time; and
   • o) “you” and “your” any user of the Website, purchaser of any Goods, user of any Services or Facilities, anyone present at the Premises and/or any participant at any Classes.

2. PARTICIPATING IN OUR CLASSES

1. You must read, complete, sign and deliver to us the Waiver & Release prior to using any Facilities and/or participating in any Classes for the first time. In case we update the Waiver & Release you shall resign and deliver to us the updated version promptly upon request.
2. You must be aged 18 years or over to enter the Premises, attend any of our Classes and/or use any of our Facilities, unless your parent or legal guardian duly completes and signs the authorised waiver statement provided by us for these purposes.
3. You agree to comply with our Gym Rules at all times. These rules relate, amongst others, to our opening hours, use of our Facilities and your conduct while at the Premises and attending Classes.
4. You agree to comply with all Covid 19 rules and regulations as mandated by the Government of Hong Kong and agree to absolve VBC from any and all liability regarding the misuse, misrepresentation of any required representation of vaccination status or misleading or fraudulent use of apps such as the “Leave Home Safe App”.
5. Instructors and Classes are subject to change at any time with or without prior notice.
6. We reserve the right to refuse you access to the Premises and Classes and suspend or terminate your use of the Services and Facilities if we reasonably consider that your conduct is damaging to our reputation, you are in breach of these Conditions, our Agreement and/or any Gym Rules, or it would otherwise be in the interest of other users of the Facilities or participants in our Classes.

3. HEALTH COMMITMENT STATEMENT

1. By entering the Premises, using any Facilities and/or attending any Classes you hereby agree to each of the following:
   • a) You acknowledge and accept there are certain inherent risks and dangers involved in physical activity and in entering, using or participating in any of VBC’s Classes and Facilities, and that some of these risks cannot be eliminated regardless of the care taken to avoid injuries.
   • b) While at the Premises, Classes and/or Facilities, you shall at all times abide by all Gym Rules and you shall strictly follow the instructions of all VBC Staff, and in case of any non-compliance by you, VBC may deny you entry to the Premises, Facilities and Classes.
   • c) If you suffer or observe any accident, injury or hazard while at the Premisses, Classes or Facilities, you will bring it to the attention of the nearest VBC Staff immediately.
   • d) The specific risks that you hereby accept vary from one activity to another, but they 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; (3) catastrophic injuries including paralysis and death and; (4) hearing damage due to continual or long-term exposure to amplified music.
   • e) You hereby assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of, or connected with, you entering the Premises, using any Facilities or participating in any Classes.
   • f) You represent to VBC that you have no medical or physical condition which would prevent you from entering the Premises, using any Facilities or participating in any Classes and/or put you in any physical or medical danger, and you have not been instructed by a physician not to do so.
   • g) You acknowledge that VBC hereby advises you that individuals with any chronic disabilities or conditions are at risk in participating in Classes and using the Facilities, and are advised against doing so.
   • h) You accept that if, in the opinion of any VBC Staff, you would be at physical risk by using or attending the Classes and/or Facilities, you will be denied access to the Premises, Classes and Facilities until you supply VBC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing VBC’s concerns, and explicitly stating that VBC’s concerns are unfounded, and if you decline to obtain such letter, you will not be permitted to enter the Premises, participate in the Classes and use the Facilities.
   • i) For safety reasons, you are responsible for adhering to the above provisions and agree to the conditions in the Waiver & Release.

4. OFFERS AND PAYMENTS

1. All our offers and quotations for Goods, Services and Classes are indicative and non-binding. Only Agreements explicitly accepted by us in writing (including by email and other electronic means) are valid and shall be binding on us. Oral agreements require confirmation in writing. We shall not be bound by any obvious mistakes, misspellings and miscalculations in any of our offerings, Agreements or any other documents.
2. Unless explicitly provided otherwise in an Agreement, all information included in catalogues, brochures, newsletters, advertisements, price lists, websites and promotional material provided by us are indicative, non-binding and may not be relied upon.
3. We reserve the right to make reasonable changes to an agreed price where cost increases arise. If you reject such price increase, we may cancel the Agreement without any liability on our part by providing you with a refund for any Goods, Services or Classes that have already been paid but not yet delivered to or consumed by you.
4. Electronic payments should only be made to VBC, while cash payments should only be made at the official cash register at the Premises. Any payments made by you to any VBC Staff shall not discharge you from your payment obligations to us.
5. In case of any late payment by you, we are entitled, without any notification being required, to charge 2% default interest per month over the outstanding amount until we receive payment in full. In case of any overdue payment, we may immediately deny you access to the Premises and Classes and suspend delivery of all Goods and Services.

5. PACKAGES

1. To book a class or personal training session, your account must have a valid package.
2. You can purchase package via our Website or at the Premises. Multiple packages can also be purchased.
3. Price details for Packages are available on our Website and at the Premises and shall be such prices as determined by us from time to time.
4. Packages purchased as part of bundles do have varying expiry dates so do read the expiry shown on the checkout pages and/or Agreement before buying the packages.
5. Packages and Class bookings are strictly personal and not transferable to any other person and you should not allow anyone else to book Classes using your Package.
6. Subject to any statutory right of cancellation, payments for Packages are non-refundable unless otherwise stated in these Conditions.
7. Voucher codes are unique to each offer. Offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer/per address.

6. BOOKING A CLASS

1. You can check availability and book Classes or Personal Training sessions in advance online via our App or at the Premises. When you book a Class, a session will be deducted from your account.
2. We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, classes are subject to availability, and we do not guarantee that spaces will be available in any given Class, even if you have sufficient sessions in your account.
3. You may cancel a Personal Training booking up to 12 hours before the session, and Group Classes up to 6 hours before the session to receive a refund of your session.
4. If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked class. When you join the waitlist, one session will be deducted from your account.
5. If you join the waitlist and a space becomes available, you will be automatically added to the Class 2 hours before the Class is scheduled to begin. You will be notified by e-mail and text message if you are automatically added to a Class.
6. Waitlist entries will automatically be allocated when a place becomes available, up until 2 hours before the class start time – please ensure that you remove yourself from the waitlist if you don’t think you’ll be able to make it to a class on time. You can cancel your waitlist at any time up until it is allocated for a full refund. If a place becomes free within 2 hours of the start time, all remaining participants on the waitlist will be sent an email asking if they would like to accept the booking with a link to accept. This is on a first come first served basis.
7. If you join the waitlist and a place on the fully booked Class does not become available, you will be notified by e-mail and text message. The session debited from your account to join the waitlist will be refunded.
8. If we cancel a class, your session will be refunded.

7. GOODS

If you change your mind about any Goods purchased from us, you may return them at any of our Premises within seven (7) days with your original receipt and we will give you a full refund, provided that the Goods are unused, not damaged and the packaging is intact. This does not affect your statutory rights as a consumer.

8. USE OF OUR WEBSITE

1. Use of our Website includes accessing, browsing or registering to use our Website and App. By using the Website you are confirming that you accept these Conditions and that you agree to comply with them.
2. We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4. By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions of use your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Except as expressly permitted by clause 8.4, you may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
6. This Website should only be accessed using a computer linked to a secure network environment.
7. We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us directly at the address stated in clause 13 below.
8. It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Websites linked to this Website and (b) any interruptions in your access to the Website.
9. You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
10. If you decide to access any third-party Websites linked to this Website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third-party sites.

9. YOUR USERNAME AND PASSWORD

1. Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.
2. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible at the address shown at clause 13 below.
3. We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
4. You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
5. You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
6. We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security at the address shown at clause 13 below.
7. If you are accessing an area of our Website protected by a username and password to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.

10. INTELLECTUAL PROPERTY

1. We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
2. The trademarks, logos and trade names displayed on the Website and at the Premises (“Marks”) are the property of VBC or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks.
3. We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.

11. LIMITATION OF LIABILITY, INDEMNITY AND WAIVER

1. Save for death or personal injury directly caused by the negligence of vbc, and to the maximum extent permitted by applicable law:
   • A) All visits to the premises, use of facilities and/or participation in any classes are taken at your own risk;
   • B) We shall not be liable for injuries or damages (to your person, property or otherwise) as a result of, or connected with, you entering the premises, using any facilities and/or participating in any classes, and you hereby irrevocably waive, release and forever discharge vbc, all vbc staff and all others from any and all responsibility, claims, rights, causes of action and/or liability in connection therewith;
   • C) We shall not be liable for any damage or loss to your personal property brought to the premises and/or any class;
   • D) Without prejudice to the foregoing, our total aggregate liability in contract, tort (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with any goods, services, premises, facilities and/or classes shall at all times be limited to the then existing insurance coverage of vbc;
   • E) Without prejudice to the foregoing, we shall under no circumstances be liable for any indirect or consequential loss, any damages that were not foreseeable by us, nor for any loss (whether direct or indirect) of income, profit, revenue, production, contract, business, reputation or goodwill;
   • F) We grant no warranties whatsoever in respect of our goods, services, premises, facilities and classes, except if we agree thereto in an express written agreement; and
   • G) Except as expressly provided herein, all warranties, conditions or other terms implied by statute or law imposing obligations or liability on us are excluded.
2. To the extent permitted by law, we shall not be liable to you, nor be deemed in breach of any agreement, by reason of any delay in performing or any failure to perform any of our obligations under any agreement, if the delay or failure was due to any cause beyond our reasonable control or if the cause was unforeseeable.
3. You shall release, hold harmless and indemnify vbc and all vbc staff from and against any and all losses, damages, expenses (including reasonable legal fees), costs, fees, charges, penalties, claims, judgements, actions and proceedings incurred or suffered by vbc or any vbc staff (a) that you may cause as a result of, or that is connected with, you entering or being on the premises, using any facilities or participating in any class, or (b) arising from or related to (i) any breach by you of these conditions (including any document referred to herein) or any agreement, or (ii) any fraud, negligence, misconduct or breach of applicable laws by you.
4. To the extent that our liability is precluded or limited, this is also for the benefit of all vbc staff. You shall make any claims regarding goods, services, premises, facilities and/or classes only against us (subject to, and to the extent permitted by, these conditions) and refrain from making any claims against any of the vbc staff.

12. OTHER RELEVANT POLICIES AND REGULATIONS

1. Our Privacy Policy, which is available at the Website, sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using the Website and/or by providing any personal data to us you consent to such processing and terms, and you warrant that all data provided by you is accurate.
2. Our Cookie Policy, which is available on the Website, contains information on our use of cookies.
3. Our Gym Rules, which are displayed at our Premises, made available on the Website, provided to you in written form and/or as otherwise made known to you, relate to, amongst others, our opening hours, use of our Facilities and your conduct while at the Premises and attending Classes.

13. INFORMATION ABOUT US

1. Verano Boxing Club Limited is a private company limited by shares registered in Hong Kong under Companies Registry number 3149433 and whose registered address is at Room 1002, 10/F Golden Gate Commercial Building, 136-138 Austin Road, Tsim Sha Tsui Kowloon, Hong Kong.
2. Our principal Premises are at Shop 23, G/F, Two Artlane, 1 Chung Ching Street, Sai Ying Pun, Hong Kong.
3. You may contact us at any of the two addresses above, or at:
   Phone: +852 2817 8308
   Email: enquiries@veranoboxingclub.com

14. ENTIRE AGREEMENT

1. These Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our Website.
2. These Conditions (including any document referred to herein), together with any Agreement, constitute the entire agreement between you and us in relation to your purchase of any Goods and/or Services, your entering of the Premises, your use of Facilities and/or your participation in any Classes.
3. You hereby acknowledge that you are not relying on any statements, warranties or representations given or made by or on behalf of VBC relating to the subject matter hereof, save as expressly set out in these Conditions or any Agreement.

15. MISCELLANEOUS

1. We reserve the right to unilaterally vary or amend these Conditions from time to time at our discretion. Any changes shall take effect upon posting to the Website or when otherwise made known to you (whichever is earlier).
2. If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect.
3. A person who is not a party to these Conditions may not enforce any of them under The Contracts (Rights of Third Parties) Ordinance, save for VBC Staff who is a direct beneficiary of, and who may directly enforce, clause 11 hereof (but we may vary these Conditions without VBC Staff’s consent).
4. No variation or waiver of these Conditions shall be valid unless explicitly agreed in writing by us.
5. In case you bring any guest to the Premises and/or any Class, you shall be responsible for this guest, and you shall cause this guest to comply with these Conditions as if your guest him/herself would be a party to these Conditions together with, or instead of, you.

16. GOVERNING LAW AND JURISDICTION

These Conditions (including any document referred to herein), any Agreement, and/or any purchase or use of any Goods, Services, Premises, Facilities and/or Classes shall be exclusively governed by Hong Kong Law, and any dispute in respect of any of the foregoing shall be exclusively submitted to the competent court in Hong Kong.