Membership Agreement

Black Box VR Membership Agreement:

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using the Black Box VR experience operated by Strive VR LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the physical location, our specialized hardware and the software applications.

Creation of Account:

When you sign up for an account on the Black Box VR application, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Black Box VR immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Membership:

  1. Term Memberships: Billing starts on the day of your subscription contract.
  2. Term Membership Payments: All term memberships and guest fees are collected via auto-debit (i.e., electronic funds transfer) from either a debit card or credit card or from the available payment providers in the Black Box VR app. By providing your debit card or credit card information you allow Black Box VR to automatically withdraw due on the agreed upon schedule (e.g. monthly).
  3. Right to Modify Dues: If you have a Month-to-month Membership, Black Box VR may increase your Dues at any time with advanced notice to Member by email, phone, or written notice.

Cancellation Policy:

A member on a monthly membership may cancel his/her membership at any time on their personal account through the Black Box VR application.

Cancellation of Session:

Black Box VR enforces a strict six-hour session cancellation policy.  If you have reserved your place in a Black Box VR booth and fail to cancel at least six hours in advance you may be charged a $27 fee and/or lose game rewards.

Freeze Policy:

Members may put their term membership on hold, in one calendar month increments, for up to three (3) calendar months per year. Notice of freeze must be given to Black Box VR via email [email protected] at least three working days prior to regular membership billing to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon the end of the freeze. The current membership agreement will be extended by the number of months frozen.

If you are on a multi-month contract you are eligible for a membership hold one time per calendar year, for up to three (3) calendar months for a $50 fee.

Five-Day Right of Rescission:

You, the buyer, may choose to cancel the Black Box VR Agreement at any time prior to midnight of the fifth business day of the studio after the date of this Black Box VR Agreement, excluding Sundays and holidays. To cancel this Black Box Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to: Black Box VR – SF, Attention: Studio GM, 1390 Market St. Suite 102, San Francisco, CA  or [email protected].

Black Box VR will refund the purchase price of your unused session or membership within ten days after we receive your notice of cancellation. Members shall have the option to receive the refund either to the original method of payment or Black Box VR store credit.

Permanent Relocation:

Should member permanently move their residence more than ten miles from the Black Box VR main location, payment on this agreement will be suspended upon acceptable written verification of the move once received by us.

Limited Availability:

Black Box VR may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. Black Box VR may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement. If no part of the Facility is unavailable for more than three (3) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, Black Box VR will extend your membership, without Dues, for the same period the Facility was unavailable. Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel this membership effective the following 1st of the month. Black Box VR will not be responsible for refunding any membership fees paid, including advance payments up to 12 months. Any memberships that are paid for more than 12 months in advance will have the portion corresponding to a term beyond 12 months refunded.

Limited Use:

If you know or should know you have a problem that might prevent you from using Black Box VR (i.e., medical or family emergency, business travel, vacation, etc.) and you sign this Agreement; you agree that your membership is limited accordingly. However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carryover of monthly dues into subsequent months for any time unspent using the Facility in a previous month. See our Freeze Policy for Term Memberships and our Cancellation Policy for other options.

Lost Articles:

Black Box VR assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

Smoking, Food, and Drink:  

No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container.

Conduct:

Black Box VR is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Black Box VR has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior.

Damages:

Members shall pay for any damages to Black Box VR property which results from the willful or negligent conduct of member, member’s guest or dependent children.

Rules and/or Regulations:

Members who do not observe Black Box VR rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate the membership of anyone who refuses to observe any of Black Box VR’s rules or regulations. Not all rules and regulations are listed in this agreement. Black Box VR reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all the services and facilities offered by Black Box VR.

Disclaimer of Liability:

Black Box VR encourages all members to obtain a physical examination from their physicians prior to initiating any exercise program. Black Box VR is not designed for individuals with known heart disease with or without functional impairment. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as a result of such activity from which any liability may or could accrue to Black Box VR, its officers, agents, employees, instructors or assigns and agree to hold Black Box VR harmless therefrom.

Severability:

If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.

Notice:

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

Jurisdiction:

To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of California and to the application of California law. Any action hereunder shall be brought in San Francisco, California. A condition precedent to any suit or action arising from any dispute between the parties shall be mediation pursuant to California Statute.

Entire Agreement:

This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.

Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement. Any member from the ages of 16-17 require parental consent.