Fortides Pilates – Terms of Sale
These terms of sale constitute a legal agreement and are entered into by and between you and FourTides Limited, trading as Fortides Pilates (“Company”, “we”, “us”).
Fitness Class Participation Waiver
In consideration of the Company allowing you to access its fitness studio and participate in fitness classes and training and to use the equipment associated with such classes and training (collectively the “Services”), and for other good and valuable consideration, the receipt of which is hereby acknowledged, by signing up for, and participating in the Services and by clicking “Agree” you:
acknowledge and agree that participation in the Services involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities;
acknowledge and understand that there is a risk of injury, and property damage or loss in connection with the Services and you are voluntarily participating in the Services with full knowledge of the dangers involved;
assume and accept any and all risks of injury, damages, losses and/or physical harm;
covenant and represent that you are in good physical condition and do not suffer from any condition or disability, and that you neither experience nor have any health problem which may affect your participation in the Services. You further covenant and agree that if you are pregnant or suspect you are pregnant, you have discussed your participation in the Services with a doctor or health care professional before participating;
acknowledge and understand that the Services offer health and fitness information and are designed for informational purposes only and you will not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. You covenant to consult your doctor before beginning any new fitness program and agree that you will not use the Services if your doctor or health care provider has advised you against it;
agree that if you experience faintness, dizziness, pain or shortness of breath at any time while participating in the Services you will stop immediately;
covenant and agree to follow the instructions of the instructor of the Services, to act responsibility as a participant in the Services, to follow and comply with all rules, policies and procedures for participation in the Services;
release, waive and discharge the Company, its directors, officers, employees, independent contractors, shareholders, agents, successors and assigns from any and all liability to you, your personal representatives, assigns, heirs, executors, administrators and next of kin for all losses or damages and all related claims on account of injury to you or damage or destruction of your property, arising from or relating to your participating in the Services.
Orders and Payments
2. You agree to pay all fees applicable to your use of the Services, including but not limited to fees and charges applicable to your purchases. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in CAD.
3. We may suspend access to or terminate your account and/or access to the Services if your payment method cannot be processed. By providing a payment method, you authorize us and/or our third party payment processor to charge the applicable fees as well as taxes and other charges for the Services you utilize and the products you purchase.
4. We may, from time to time, make changes to the fees and prices for the Services or any products available for purchase. We will communicate any price changes to you in accordance with applicable law.
Memberships
5. All memberships start on the date that you purchase the membership. All memberships automatically renew every 30 days. On the day that your current monthly membership cycle expires, your membership will automatically renew and the credit card on your account will be automatically charged with the applicable monthly membership fee for the next month cycle under the same terms. The membership fee that you will be charged will be the relevant full price for such membership as posted on the date that you purchased such membership. Membership fees are payable by credit card payments only.
6. All memberships have a three month minimum commitment. After such time you may cancel your membership at any time, upon giving us 2 weeks’ notice. To cancel your membership, please email us at least 2 weeks prior to the expiration of the current monthly cycle of your membership.
7. We reserve the right to change the membership fees of memberships at any time, with such price change to take effect following the end of the current monthly membership cycle. We will give you 30 days’ email notice of any changes to membership fees. You may cancel your membership if you do not agree with the membership fee change, by emailing us (info@fortidespilates.com) at least 2 weeks prior to the expiration of the current monthly cycle of your membership.
8. Memberships can be frozen for a minimum of 7 days and up to a maximum of 2 months. Memberships can only be frozen once every 3 months. To freeze your membership, please email us (info@fortidespilates.com) at least 7 days before the desired start date of the freeze and include your requested start and end date for the freeze.
9. If you do not cancel your class booking at least 8 hours before the start time of your class you will lose your class credit. There are no additional late cancellation or “no show” penalty fees. Unused classes do not roll over into the next membership month cycle. Classes in the memberships are “use or lose”. Membership rights and privileges are personal to members and non-transferable.
Class Credits
10. The one (1) class credit expires thirty (30) days after purchase. The five (5) class package expires two (2) months after purchase. The ten (10) class package expires four (4) months after purchase. The twenty (20) class package expires six (6) months after purchase. Class credits are non-transferable.
11. You may use a class credit in your package to book a guest to join you.
Gift Cards
12. Email Cash Value Gift Cards do not expire. Physical Cash Value Gift Cards do not expire. Email and Physical Class Package Gift Cards carry the expiration of the relevant class credit package. The expiry period for Email Class Package Gift Cards start on purchase of the gift card as it is sent to the recipient on purchase. The expiry period for Physical Class Package Gift Cards starts when the recipient redeems the gift card code in their account.
Refund Policy
13. All classes, credit packages, memberships, workshops, special events and gift cards are non-refundable.
14. Regular priced merchandise that has not been worn or used may be returned with a receipt for a full refund within 14 days of purchase. A refund will be issued in the original form of payment. Sale or discounted items are non-refundable.
Cancellation Policy
15. If you do not cancel your class booking at least 8 hours before the start time of your class you will lose your class credit. If you cancel your booking at least 8 hours before the start time of your class, the class credit will be credited back to your account for later use.
16. All cancellations must be made through your account on our website or on the Fortides Pilates app. We do not accept email cancellations.
17. If you do not show up to a class that you have booked you will lose that class credit.
Grip Socks
18. Grip socks are mandatory in all classes for safety and hygiene reasons.
Studio policy
19. Studio doors lock three (3) minutes after the class start time. If you arrive three (3) minutes or later after class has started, you will not be able to join the class and you will have to forfeit your class credit.
20. The Company is not responsible for any lost or stolen property. We recommend that you leave valuables at home and use the lockers at the studio.
Compliance and Monitoring
21. You agree that the Company reserves the right to refuse access to you or any person if it determines, in its sole discretion that such person is not complying with the rules, policies and procedures for participation in the Services or these terms of sale, or that such person’s participation in the Services could cause them any harm. The Company reserves the right to expel from the studio or from participation in the Services, suspend for a specific period of time, or refuse to renew the membership of any person whose conduct is or may, in the Company’s sole discretion, be injurious to the character of the Company or which amounts to a breach of these terms of sale, or where such expulsion is otherwise in the interest of the other participants in the Services. Any participant so expelled or suspended will not be entitled to any refund for any period during which their membership is suspended.
General
22. You acknowledge that you are over 16 years of age (or if under 16, your parent or guardian has signed on your behalf) that you have read these terms of sale and that you fully understand these terms, and have signed and accepted them freely and voluntarily without any inducement, assurance or guarantee being made to you.
23. If any term or provision of these terms of sale is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms of sale or invalidate or render unenforceable such term or provision in any other jurisdiction.
24. The Services and these terms of sale will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to the Services and under these terms of sale will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.