Terms & Conditions

Please take the time to read and understand the terms and conditions set out below (the “Terms and Conditions”) prior to registration, making any purchase or participating in any of the services offered by Zoomfit STRONG. (“Zoomfit STRONG, “us”, “we” or “our”).

OUR CONTRACT

These Terms and Conditions govern your relationship with Zoomfit STRONG, including, but not limited to, your use of the Zoomfit STRONG website www.zoomfitstrong.com (the “Website”), your purchase of Zoomfit STRONG training sessions or other services offered by the Zoomfit STRONG, your rights to cancel your purchase of training sessions or other services, your registration for training sessions, your purchase of any merchandise & your communication with the Zoomfit STRONG. By accessing the Website or or directly through one of our staff, or purchasing or participating in any of the services offered by Zoomfit STRONG, you are deemed to have agreed to these Terms and Conditions (which, in addition to the Assumption of Risks, Waiver and Release of Claims Agreement, constitutes the entire agreement between you and the Zoomfit STRONG) and your booking will be accepted by us on this basis.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME. SUCH MODIFIED TERMS AND CONDITIONS WILL BECOME EFFECTIVE UPON OUR POSTING SUCH TERMS AND CONDITIONS TO THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AND/OR ZOOMFIT STRONG’S SERVICES AFTER SUCH A MODIFICATION HAS BEEN POSTED SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF ANY SUCH MODIFIED TERMS AND CONDITIONS. IT IS YOUR OBLIGATION TO REVIEW THESE TERMS AND CONDITIONS AND TO BECOME AWARE OF ANY MODIFICATIONS.

These Terms and Conditions incorporate by reference our Privacy Policy (available for viewing on the Website), which we may also amend from time to time in the future.

MINORS POLICY

If you are under the age of majority in your home jurisdiction, you may only use the Website under the supervision of a parent or guardian, and you my only register for training sessions if your parent or guardian does so on your behalf. Zoomfit STRONG does not accept online registration by minors, and by visiting this Website and generally participating in the services offered by Zoomfit STRONG, you represent and warrant that that (i) you are either (A) 18 years of age or older, or (B) supervised by your parent or guardian, and that (ii) either (A) you, or (B) your supervising parent or guardian, as applicable, have the right, authority and capacity to agree to and abide by these Terms and Conditions; and (iii) you will use the Website in a manner consistent with any and all applicable laws and regulations.

APPROPRIATE BEHAVIOUR; TERMINATION OF SERVICES

Our classes are run by certified fitness professionals whose mandate is to ensure that all of our clients are provided with a safe, positive and rewarding experience. At all times, you shall behave in a respectful manner towards other individuals and staff while participating, and comply with all verbal instructions given to you by our trainers, as well as safety notes and rules. If any of our trainers determine (in his or her sole discretion) that your behavior is causing or is likely to cause harm, distress, danger or annoyance to any other individuals (including, but not limited to, clients, yourself and staff) at our online class via ZOOM, the trainer may direct you to leave the ZOOM link immediately, and we reserve the right to terminate your membership immediately, with no right of refund. We may also elect to deny you future access to Zoomfit STRONG’s platforms and the opportunity to participate in any future class sessions.

In addition to the above, we may, in our sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the services offered by Zoomfit STRONG may be grounds for termination of your access to all or part of the such services at our sole discretion, and you may be referred to appropriate law enforcement agencies. After your access to our services is terminated for any reason, all terms of these Terms and Conditions survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

CHARGES where applicable

Currently, Etransfers and Credit Cards are the only acceptable methods of payment (send to zoomfitstrong@gmail.com). Only once confirmation is sent to you by Zoomfit STRONG will you register as a member of Zoomfit STRONG. Your activated your credit/debit card will be charged when you buy monthly sessions or series of sessions, not when you book your specific dates. We will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including legal fees and collection costs, that Zoomfit STRONG may incur in its efforts to collect any unpaid balances from you.

CLIENT CANCELLATIONS

You must inform us of a cancellation of a previously booked monthly session online through zoomfitstrong@gmail.com in order to be eligible for any refund. Cancellations by email or telephone will be treated on a case-by-case basis, in our sole discretion, subject to the below cancellation fees. A cancellation will only be effective when we receive written confirmation of same. If you provide us with written notice of a cancellation in compliance with the timelines set out below, we will refund the entire purchase price of that particular session within a reasonable time period after we receive your notice of cancellation. You shall have the option to receive the refund either to the original method of payment or as a Yard credit.

CANCELLATION BY US

We reserve the right to cancel a training session for any reason at any notice to clients booked into that class. We may cancel a training session at any time prior to commencement if, due to terrorism, natural disasters, political instability, epidemics/pandemics or other external events, it is not viable for us to carry out the scheduled training session or if we perceive there to be a risk of harm, in our sole discretion. In circumstances where any extended cancellation is due to external events outside of our reasonable control, such as during a pandemic or other issue that could reasonably detrimentally impact the health and safety of our clients and staff, you will receive a credit towards a future training session, however refunds will not be permitted.

AGE & HEALTH REQUIREMENTS

We try our best to cater our training sessions to the particular fitness and strength and other capabilities of each of our clients. Nonetheless, we remind you that training sessions at Zoomfit STRONG can be physically demanding and clients must ensure that they are suitably fit and healthy to allow for full participation. You represent and warrant to Zoomfit STRONG that you have completed the sign in questionnaire honestly and to the best of your knowledge. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to participating in any of our training sessions.

Please review the ParQ Questionnaire to be aware of your physical activity readiness.

We will not be obligated to provide you with a refund if you are unable to complete a training session due to your health, fitness or other physical limitations.

PHOTOS, VIDEO AND MARKETING

You consent to us using images of you taken during class sessions for social media, advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes. If you wish not to present to the public outside of class requirements please let us know at zoomfitstrong@gmail.com

INTELLECTUAL PROPERTY RIGHTS

All material available on the Website and all material and services provided by or through the Zoomfit STRONG, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by Zoomfit STRONG intellectual property laws.

Subject to your compliance with these Terms and Conditions, Zoomfit STRONG grants to you a non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Materials that we make available to you through the Website or otherwise for the limited purpose of accessing and using Zoomfit STRONG services.

All of Zoomfit STRONG’s logos, service marks, trade dress, trade names, brand names, logos and domain names, whether registered or unregistered, including all goodwill in connection therewith (the “Trademarks”), are owned by us. You may not use without our prior written consent.

If we, in our sole discretion and without notice, consider that there is an immediate security or operational risk to the services we offer, or any of our, your or a third party’s system, then the Yard may immediately suspend access to or use of the services we offer. The suspension of use and access is not a breach of these Terms and Conditions. You acknowledge that the preservation of security, confidentiality and data is paramount. Zoomfit STRONG has no liability to you for suspending the services it offers under this provision.

You agree that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the services Zoomfit STRONG offers, the Website or Zoomfit STRONG or its business (“Feedback”) are and shall be Zoomfit STRONG’s exclusive property without any compensation or other consideration payable to you by Zoomfit STRONG, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Website, its software, our services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Zoomfit STRONG in any Feedback and, as applicable, waive any moral rights.

SEVERABILITY

In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

APPLICABLE LAW

These Terms and Conditions and all disputes connected with or related to them, including but not limited to related claims in tort, equity or otherwise, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Each of the parties irrevocably and unconditionally accepts and submits to the exclusive jurisdiction of the courts of the Province of Ontario and the City of Kenora for all disputes. You waive any objection based on venue or forum non conveniens with respect to any claim arising under these Terms and Conditions, whether now existing or hereafter arising and whether in contract, tort, equity or otherwise.

WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO ZOOMFIT STRONG WEBSITE, THE SERVICES OFFERED BY ZOOMFIT STRONG, AND/OR THESE TERMS AND CONDITIONS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Please direct all general inquiries to:

Attention: Kim Mahon

Email: zoomfitstrong@gmail.com