Basecamp Fitness® Gift Cards (“Gift Cards”) are issued by Basecamp Fitness Franchisor, LLC, a Delaware limited liability company (“BCF”). To view your Gift Card balance, please bring the Gift Card to your local Basecamp Fitness location.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by participating Basecamp Fitness franchised and corporate locations. Eligible good and services are designated by BCF in its sole discretion and may change at any time. Purchases are deducted from Gift Card balance. Any unused Balance will remain associated with the Gift Card. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method.
Your Gift Card cannot be used to purchase other Gift Cards or non-eligible products or services. Gift Cards cannot be reloaded; resold; used for payment outside of participating Basecamp Fitness locations; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law).
No service fees apply to Gift Cards and Gift Card balances do not expire. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or to a purchase. You agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Basecamp Fitness Franchisor, LLC, and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from BCF and you are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. BCF is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
By purchasing and using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to BCF, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards without a refund and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms and conditions as a court would.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
