Waiver of Liability and Release
I acknowledge that the activities and services provided by Lagree West Fitness Ltd, a British Columbia limited liability company, and all other persons acting in any capacity on behalf of the Company or retained by the Company (collectively, the “Services”), involve physical exercise that can be strenuous and may cause bodily injury. I understand that there is an inherent risk of bodily injury when choosing to participate in any physical exercise, sport, wellness, nutritional and/or recreational activities, including the Services. My participation in the Services is a voluntary activity in all respects and I assume all risks of bodily injury and illness that may result from the Services.
In consideration of the Company, and all other persons acting in any capacity on behalf of the Company in providing the Services, along with the owner or owners of the premises in which the Services are provided, their respective insurers, heirs, personal representatives, successors and assigns, (collectively, the “Released Parties”), I hereby waive, to the fullest extent permitted by law and on behalf of myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my behalf, the right to bring any suit, action or claim of any kind against any Released Party as a result of my participation in the Services and hereby release and discharge, to the fullest extent permitted by law and on behalf of myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my behalf, the Released Parties, in any capacity, as follows: from any and all liability, claims and causes of action of any nature whatsoever arising from bodily injuries or illness (including emotional and psychological injuries or illness, and death), and damages (both economic and non-economic) or losses of any kind which I may have or which may accrue to me on account of my participation in the Services, regardless of whether such injuries result, in whole or in part, from the negligence of any Released Party.
I further agree to indemnify and hold harmless and defend the Released Parties from any and all liabilities, claims and causes of action of any nature whatsoever resulting from injuries or illness, damages (both economic and non-economic) or loss, including attorney fees, sustained by me arising out of or in connection with or in any way associated with my participation in the Services or resulting from my breach of any of the terms of this document.
I acknowledge that I have been advised to consult with my physician before I undertake any physical activity or nutritional or exercise program, including the Services. I certify that I am in good health and sufficient physical condition to participate in the Services. I further acknowledge that the Released Parties are neither responsible for nor liable for any loss of or theft of any personal property brought by me to or left by me at any Service provided by the Company and I hereby release the Released Parties from any liability for such loss or theft.
I acknowledge that none of the Released Parties has represented to me or provided me with any assurance of any kind that my participation in the Services will result in any particular physical, psychological or other outcome, such as weight loss, psychotherapeutic benefits or the ability to perform any sport or other physical activity.
The Company’s content is not directed to persons under eighteen(18)years of age, and by providing information about yourself to The Company you are representing that you are eighteen(18)years of age or older. You must be at least eighteen(18)years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with The Company and its partners, vendors, agents and service providers.
Membership Subscription Fees
The Company offers membership subscription-based access to its on-demand classes(“Classes“).The Company reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms The Company specifies for the Service, The Company grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
Membership Subscription to Classes
- Billing for Membership to Classes. Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase(e.g.,monthly, or annually). Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, The Company will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges.
- Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If The Company later increases the price of the subscription, The Company will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- Free Trial for Membership to Classes. We require that you provide a valid credit or debit card(“PaymentSource“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period(“FreeTrial“). The Company will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. The Company reserves the right to terminate any account that is using or trying to use more than one Free Trial. It is very important to understand that you will not receive a notice from The Company that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight EST on the last day of your Free Trial period.
- No Sharing of Membership Subscriptions. Members of The Company may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by The Company as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. The Company reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements(collectively,“Material“)are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Company or by third parties that have licensed or otherwise provided their material to The Company. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Modification/Suspension/Discontinuation of Content
We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. The Company reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through which the Service is accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that The Company may do so in The Company's sole discretion at any time without notice.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by contacting Customer Support at [email protected] If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
The Company reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if The Company believes that you have breached any of the terms of this Agreement, furnished The Company with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
I HEREBY ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE OF LIABILITY, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I HEREBY VOLUNTARILY AGREE TO THE TERMS STATED ABOVE. I further certify that I am over 18 years of age and competent to contract in my name. This agreement shall be governed by the laws of the Province of British Columbia.