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TERMS, CONDITIONS AND POLICIES

This Agreement (the “Agreement” or “Terms and Conditions”) sets forth the legally binding terms, conditions and policies governing your use of the services (the “Services”)  offered by Power10 Fitness Ltd. (“Power10”, ‘us”, “we”, or “our”), the website operated by Power10 at www.power10fitness.com (the “Site) and any associated applications (an “App).  It should be read carefully before using the Services, Site or App and saved.

By accessing or using the Site, the Services or the Appin any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, booking classes or other Services, or participating in any Services you agree to be bound by these Terms And Conditions and all applicable laws To become a customer of Power10 you must indicate your agreement to these Terms and Conditions by providing your signature at their conclusion during the registration process. Capitalized terms are defined in this Agreement.  

ACCOUNTS

In order to access some features of the website, you will have to create a Power10 Fitness account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

RULES AND REGULATIONS

CELLPHONES.
PHONE CONVERSATIONS
ARE NOT PERMITTED WITHIN POWER10’S PREMISES (THE “FACILITIES”. WE ALSO ASK THAT YOU REFRAIN FROM BRINGING YOUR MOBILE PHONES TO OUR CLASSES. YOU MAY USE YOUR POWER10 WRIST BAND (PURCHASED AT AN ADDITIONAL COST) IN ORDER TO LOG IN TO OUR CLOUD SYSTEM. YOUR PERSONAL WRISTBAND WILL COMMUNICATE WITH ALL OUR EQUIPMENT AS WELL AS YOUR POWER10 APP ON YOUR MOBILE DEVICE.

ALCOHOL.
CONSUMPTION OF ALCOHOLIC BEVERAGES AND CANNABIS PRODUCTS IS NOT PERMITTED IN OUR FACILITIES.

PHOTOS/VIDEO.
POWER10 MAY OCCASIONALLY TAKE PHOTO OR VIDEO RECORDINGS FO INDIVIDUAL OR GROUP CLASSES, EVENTS OR SESSIONS FOR PROMOTIONAL USE. YOU CONSENT TO THE USE OF YOUR IMAGE AND LIKENESS AS THEY MAY APPEAR IN SUCH RECORDINGS, FOR SUCH PURPOSES.

HOURS.  
CURRENTLY, WEEKDAYS 6AM-9PM, SAT 7AM-2PM, SUNDAYS 8AM-2PM – SUBJECT TO CHANGE, CLOSED ON STAT HOLIDAYS
.YOU MAY USE THE FACILITY ONLY IN CONJUNCTION WITH A SCHEDULED CLASS OR PERSONAL TRAINING SESSION.  NO OPEN WORKOUTS.

MINORS.  
A MINOR AGED 13-18 MAY PARTICIPATE WITH A PARENT PRESENT.

CLASSES.
CLASS SIZES ARE LIMITED AND AVAILABILITY SHALL BE DETERMINED ON A RESERVATIONS BASIS.  YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT. YOU MUST AT ALL TIMES FOLLOW INSTRUCTIONS FROM POWER10 STAFF AND INSTRUCTORS TO PARTICIPATE IN CLASSES AND SERVICES IN A RESPONSIBLE AND PRUDENT MANNER.DOORS TO FITNESS STUDIOS CLOSE PROMPTLY AT CLASS START TIME. LATECOMERS WILL NOT BE PERMITTED. UNLESS YOU ARE PHYSICALLY UNWELL, YOU SHOULD NOT LEAVE A CLASS BEFORE IT’S CONCLUSION.

BOOKING AND CANCELLATIONS.
CLASSES AND SERVICES MUST BE BOOKED ONLINE THROUGH THE SITE OR THE APP, USING YOUR REGISTERED ACCOUNT. YOU MUST CANCEL A BOOKED CLASS OR SWITCH TIME SLOTS BY 4PM [OR 12 HOURS?] THE DAY PRIOR TO THE CLASS OR YOU WILL BE CHARGED. YOU MAY CANCEL OR CHANGE CLASSES AND SERVICES THROUGH OUR ONLINE SYSTEM OR BY CALLING US DIRECTLY. PERSONAL TRAINING AND ALL OTHER SERVICES MUST BE CHANGED OR CANCELLED 24 HOURS BEFORE THE APPOINTMENT TIME, OR YOU WILL BE CHARGED FULL AMOUNT OF THE APPOINTMENT. ALL CLASSES, SERVICES, AND PASSES ARE NON-REFUNDABLE. NO EXCEPTIONS.

RETAIL.  
UNUSED
PURCHASED MERCHANDISE WITH ALL TAGS ATTACHED WILL BE ACCEPTED FOR EXCHANGE ONLY WITHIN 7 DAYS OF PURCHASE. NO EXCHANGES WITHOUT A RECEIPT.  NO REFUNDS.

INJURIES AND ILLNESS.
PARTICIPATION IN ALL WORKOUTS IS VOLUNTARY.  PLEASE ADVISE THE INSTRUCTOR AND CEASE PARTICIPATION IF YOU ARE FEELING UNWELL. IF SUFFERING OR RECOVERING FROM INJURY OR ILLNESS, IT IS YOUR OBLIGATION TO NOTIFY THE INSTRUCTOR PRIOR TO THE CLASS OR PERSONAL TRAINING START TIME.

PERSONAL
BELONGINGS AND LOCKERS.
POWER10 FITNESS DOES NOT SUPERVISE OR TAKE ANY RESPONSIBILITY FOR YOUR PERSONAL BELONGINGS, EVEN ANY BELONGINGS HELD IN CHANGE ROOM LOCKERS. YOU ASSUME ALL RISK OF LOSS OR DAMAGE FOR ALL OF YOUR PERSONAL BELONGINGS.

LOCKERS ARE FOR DAY USE ONLY.
ITEMS LEFT OVERNIGHT IN LOCKERS MAY BE REMOVED AND DISPOSED OF.

LIMITATION OF LIABILITY

‘Fitness Activities” are offered as part of the classes and Services and include, without limitation: personal training, running, rowing, cardiovascular activities, boxing, yoga, meditation, weight training, stretching, group classes, assessments including physical touching by trainers, use of fitness equipment. By opening an account on the Site or the App, signing your initial registration contract, attending classes, participating in Fitness Activities, or  utilizing the  Services, or Facilities you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of Fitness Activities,  classes and Services. You acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Power10 strongly recommends that you consult with your physician prior to commencing any classes or utilizing any Services. By signing this document, you acknowledge that you are aware that the Fitness Activities may not be appropriate for people who are pregnant or have any pre-existing medical issues, that you have been fully informed of the strenuous nature of the classes and Services, of the possibility of adverse physiological occurrences happening, including, but not limited to: abnormal blood pressure, fainting, stroke, heart attack or death, and that Power10 may not have trained medical or first aid personnel available at its facilities. You confirm, by signing this document, that you have advised Power10 of any and all physical and health conditions that may affect your safe participation in Fitness Activities. You acknowledge that you will inform Power10 Fitness of any discomfort of any kind that may impact your ability to safely participate in Fitness Activities, and that Power10 Fitness may require you to stop participation in such activities if you are seen to be in physical distress. I understand that Fitness Activities may involve physical touching of you by a trainer, staff, or contractor of Power10.  You agree to request discontinuance of physical contact if you are at all uncomfortable with it. By signing this document, you assume all risk for your health and well-being, and that of any minor under your care, and fully release and hold harmless from any responsibility, cost, claims or damages of any kind Power10, its  directors, officers, employees, agents, instructors, members, contractors, subcontractors, insurers and representatives (collectively, “Power10 Fitness”) relating to participation in Fitness Activities or any Services, and attendance at the Facilities. A minor aged 13-18 may participate with a parent present.

COVID-19 POLICIES AND LIMITATION OF LIABILITY.

This document must be read and completed prior to utilizing the Services or attending the facilities for the first time.

Power10 Fitness appreciates your cooperation in following the Covid-19 protocols set out below and elsewhere that have been established to protect guests, staff, customers and our community.  These protocols have been established based on recommendations from the Ontario Health and Safety Association and is guidance documents, and from fitness industry body recommendations.  Power10 Fitness is offering in-person classes and private training asked on the assurance’s guests make to Power10 Fitness and to each other in this document and on each visit to the Facilities.  Accordingly, any false statements could result in Power10 Fitness being forced to deny access to the Facilities for guests. Guests agree to observe and fully abide by all rules, procedures and guidelines set out by Power10 Fitness.  Power 10 Fitness is taking prudent steps to impose any appropriate protocols to keep guests, customers, staff and others safe, but there can be no assurance that the virus will not be contracted while participating in Services or in attendance at the Facilities.  This is a risk that each person must assess themselves when deciding to utilize the Services or visit the Facilities. By completing and submitting this document you agree to the following:

1. I hereby declare that neither I nor anyone in my household has experience any cold or flu-like symptoms in the last 14 days (including, without limitation, fever, cough, sore throat, respiratory difficulty or respiratory illness). If I or anyone in my household experiences any cold or flu-like symptoms after submitting this declaration, I will not then visit the Facilities for at least 14days after said symptoms have ceased.

2. I hereby declare that I will inform Power10 immediately if I or anyone in my household experiences a cold or flu-like symptoms or tests positive for Covid-19 after submitting this document.

3. I hereby declare that neither I nor any members of my household have travelled outside of Ontario in the past 14 days.  If I or anyone in my household does travel after submitting this document, I will not then visit the Facilities for at least 14 days after your or their return to Ontario.

4. You agree to inform Power10 of any changes to the declarations in this document occurring after this document is submitted, by sending an email to shout@power10fitness.com.

5. Power10 has worked hard to ensure the safety of guests, customers staff and others utilizing the Services and Facilities.  You acknowledge that entry into and use of the Services and Facilities is done at your own risk.

6. You acknowledge that you have read and understood all the rules, regulations and policies established by Power10 with respect to Covid-19 and confirm you will abide by them.

You hereby release and forever discharge Power10 Fitness from any liability for claims of any kind, including for injury, death, or damages of any type related in any way to the Covid-19 virus or diseases caused by it.

COPYRIGHT

Content on the Site and the App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Power10, subject to copyright and other intellectual property rights under the law. Content on the Site and the Apps provided to you  for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Power10 reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, the App or the Services, provided by you to the Company are non-confidential and shall become the sole property of Power10 Fitness.

You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the website or the Content therein.

“Power10 Fitness”, “Power10”, “P10”, and other graphics, logos, wordmarks, and designs are trademarks of Power10.Power10’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Power10.

MOBILE SERVICES THE APP

Power10  may include certain services that may be available via the App, including by not limited to (i) the ability to book and/or purchase classes and Services,, (ii) the ability to receive and reply to Power10 messages, (iii) the ability to browse the Site from your mobile phone and (iv) the ability to access certain features through an App you have downloaded and installed on your mobile phone or tablet (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. . In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Power10 and other entities by SMS, MMS, text message, email or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

TERMINATION

We may terminate your access to the Site and Mobile Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THIRD PARTY SITES

The Site may contain links to third-party sites that are not owned or controlled by Power10. Power10 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

ELIGIBILITY

This Site, classes, Services and the Facilities are intended solely for persons who are 13 years of age or older. Any registration by, use of, or access to the Site, classes, Services or Facilities by anyone under 13 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Site, classes, Services or Facilities, you represent and warrant that you are 13 or older and that you agree to abide by all the terms and conditions of these Terms and Conditions. Minors between the ages of 13 and 18 may register on the Site in person and only with the involvement of a parent or guardian.

PRIVACY POLICY

This Privacy Policy applies to personal information about individuals collected by us at the Facility, through your use of the Site or through your use of the App.

A. Collection of Information.

Information We Collect Directly from You.  We collect information from you when you contact us, register with our Website or App, reserve classes, make a purchase, or otherwise interact with our Website or our App or use or interact with our Services. Information We Collect Automatically.  We automatically collect information about your use of the Site and the App through cookies, web beacons, and other technologies, including technologies designed for mobile apps.  Limits on Collection. We will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary for the purposes of providing the best experience to our clients.

B. How We Use Your Information

As permitted by applicable law, we use your information, including your personal information, for the following purposes:

To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website or App.

For marketing and promotional purposes. For example, as permitted by applicable law and where necessary, with your consent, we and our third party partners may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites.

To better understand how users’ access and use the Site and App, both on an aggregated and individualized basis.

To improve the Site and App.

For research and analytical purposes.

To administer surveys and questionnaires.

To comply with applicable legal obligations, including responding to a subpoena or court order.

In the context of a merger or acquisition, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding.

Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms and Conditions or this Policy.

To authenticate your identity.

To allow you to participate in our contests, and to administer those contests.

To monitor your compliance with any of your agreements with us.

To collect debts owed to us.

For other purposes we may inform you about from time-to-time.Please also note that we may transfer your personal information across provincial or national borders to fulfil any of the above purposes, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions.

C. Third-Party Links

Our Website and App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy and we are not responsible for the privacy practices of such third-party websites.

D. Changes to the Policy

Our Policy is current as of the Effective Date set forth below. We may change the Policy from time to time. We will post any changes to the Policy on the Site and App. If we make any changes to the Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change in the Policy on our Website and App.

E. Feedback

We welcome your feedback or any questions you may have with respect to our privacy policy.  Please forward any questions or comments to us at infopower10fitness.com

EFFECTIVE DATE: AUGUST 2020
TERM

These Terms and Conditions shall remain in full force and effect while you use the classes, Services and Facilities. You may terminate your account at any time, for any reason, by following the instructions on the “My Account” page on the Site or by contacting the club directly via email. Power10 may terminate your account at any time, without warning, if you breach these Terms and Conditions. Even after your account is terminated, these Terms and Conditions will remain in effect.

FEES

You acknowledge that Power10 Fitness charges fees for its services, and Power10 Fitness reserves the right to change its fees from time to time in its discretion. If Power10 Fitness terminates your account because you have breached these Terms and Conditions, you may not be entitled to a refund of any unused portion of such fees.

PASSWORD

When you sign up for member Services, you will 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 Power10 Fitness 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.

ENTIRE AGREEMENT; NO WAIVER

These Terms and Conditions, together with our Privacy Policy, and any other legal notices published by Power10on the Site, shall constitute the entire agreement between you and Power10 concerning the Site, the App, classes, Services and Facilities. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms And Conditions shall be deemed a further or continuing waiver of such term or any other term, and Power10s failure to assert any right or provision under these Terms And Conditions shall not constitute a waiver of such right or provision. Power10reserves the right to amend these Terms and Conditions at any time and without notice. Your use of the Power10 Fitness website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revisions.

ARBITRATION

You and Power10 Fitness agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms and Conditions, the Site, the App, or use of classes, Services or the Facilities shall be final and binding arbitration, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms And Conditions, the practices of Power10 or its classes, Services, or Facilities, or the Site or App, please contact us at shout@power10fitness.com

Dated: September 3/2020