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Empower Boxing Club — Website Terms of Use

 

(d/b/a of Sunnyside Boxing Club LLC)

​​

These Terms of Use (“Terms”) govern your access to and use of the website located at [website URL] (the “Site”), operated by Sunnyside Boxing Club LLC, d/b/a Empower Boxing Club (“Club,” “we,” “us,” or “our”). These Terms apply to all visitors, users, and account holders on the Site, regardless of whether you purchase a membership or any other product or service.

If you purchase a membership or private training package, that purchase is additionally governed by our separate Membership Agreement, which is presented to you at checkout. Where there is a conflict between these Terms and the Membership Agreement regarding membership-specific matters (such as billing, cancellation, or use of Club facilities), the Membership Agreement controls. These Terms govern general use of the Site itself.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

 

1. Eligibility

You must be at least 18 years old to create an account on the Site or to purchase a membership on your own behalf. If you are under 18, a parent or legal guardian must create any account and complete any purchase on your behalf, consistent with the Minors provision of the Membership Agreement.

 

2. Accounts

  1. You may be required to create an account to access certain features of the Site, such as managing your membership, viewing class schedules, or booking sessions.

  2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at [contact email] if you suspect unauthorized use of your account.

  3. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.

  4. We reserve the right to suspend or terminate any account that we reasonably believe is being used in violation of these Terms, involves fraudulent or inaccurate information, or poses a security risk to the Site or other users.

 

3. Acceptable Use

When using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable local, state, or federal law;

  • Attempt to gain unauthorized access to any account, system, or network connected to the Site;

  • Interfere with or disrupt the operation of the Site, including through introducing viruses, malware, or other harmful code;

  • Scrape, data-mine, or use automated means to access or collect data from the Site without our prior written consent;

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;

  • Post or transmit any content through the Site that is unlawful, harassing, defamatory, or otherwise objectionable, if the Site permits user-submitted content now or in the future.

 

4. Intellectual Property

All content on the Site — including text, graphics, logos, images, class schedules, and the overall look and feel of the Site — is owned by or licensed to the Club and is protected by copyright, trademark, and other intellectual property laws. You may view and print Site content for your own personal, non-commercial use in connection with your membership. You may not reproduce, distribute, modify, or create derivative works from Site content for any commercial purpose without our prior written consent.

 

5. Purchases and Third-Party Payment Processing

Purchases made through the Site, including memberships and private training packages, are processed through a third-party payment processor. We do not store your full payment card information. Your purchase is subject to the terms of the Membership Agreement presented to you at checkout, which you must affirmatively accept before your purchase is completed.

 

6. Third-Party Links

The Site may contain links to third-party websites (for example, social media platforms) that are not owned or controlled by the Club. We are not responsible for the content, privacy practices, or terms of use of any third-party websites. Your use of any linked third-party website is at your own risk and subject to that website's own terms.

 

7. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CLASS SCHEDULES OR OTHER INFORMATION POSTED ON THE SITE ARE ALWAYS CURRENT OR ACCURATE.

Nothing on the Site constitutes medical, health, or fitness advice. You should consult a physician before beginning any exercise program, consistent with the Health Disclosure section of the Membership Agreement.

 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER COLORADO LAW, THE CLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. THIS SECTION GOVERNS LIABILITY RELATED TO USE OF THE SITE ITSELF; LIABILITY RELATED TO YOUR MEMBERSHIP, CLASSES, OR USE OF CLUB FACILITIES IS GOVERNED BY THE LIMITATION OF LIABILITY PROVISION IN THE MEMBERSHIP AGREEMENT AND THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER COLORADO LAW.

 

9. Indemnification

You agree to indemnify and hold harmless the Club, its owners, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Site.

 

10. Privacy

Our collection and use of personal information submitted through the Site is described in our Privacy Policy, available at [privacy policy URL]. By using the Site, you consent to the practices described there.

 

11. Dispute Resolution: Binding Arbitration and Class Action Waiver

Agreement to Arbitrate. You and the Club agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your relationship with the Club (excluding disputes governed by the Membership Agreement's own terms, small claims court matters, and claims for injunctive relief to protect intellectual property) shall be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.

Class Action Waiver. You and the Club agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, collective, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Arbitration Procedure. The arbitration will be administered by a mutually agreed-upon arbitration organization under its consumer arbitration rules then in effect, and will take place in [County], Colorado, or another mutually agreed location, or by videoconference if the parties agree. The arbitrator's decision shall be final and binding, subject to any limited review permitted under the Federal Arbitration Act.

Opt-Out. You may opt out of this arbitration provision by sending written notice to [contact email/address] within thirty (30) days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Colorado, and you and the Club each waive any right to a jury trial.

Severability of This Section. If any part of this Section 11 is found unenforceable, the remainder shall remain in effect, except that if the Class Action Waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than in arbitration.

 

12. Governing Law

Except as provided in Section 11, these Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

 

13. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date below reflects the most recent revision. Material changes will be posted on this page, and continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

 

14. Relationship to Other Agreements

These Terms work together with, and do not replace, the Membership Agreement and the Assumption of Risk, Release of Liability, and Waiver applicable to Club members. In the event of any conflict specifically regarding membership fees, billing, cancellation, or use of Club facilities and classes, the Membership Agreement controls.

 

15. Severability

If any provision of these Terms (other than as specifically addressed in Section 11.5) is found unenforceable, the remaining provisions will remain in full force and effect.

 

16. Contact Us

Questions about these Terms may be directed to [contact email] or [mailing address].

 

Last updated: [July 1st, 2026]

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