TERMS OF SERVICE AGREEMENT

This website, evolutionfitnessstudio.ca (the “Website”) is operated by Fitness Evolution Studio Inc. (“Evolution Fitness”, “us”, “we”, “our”), a business operating under the laws of British Columbia, Canada. It is the responsibility of the individual user ("you", "your") of the Website to carefully read the Terms of Service (the “Agreement”) prior to using the Website and prior to purchasing or accessing any of our content and services, including but not limited to classes, memberships, class packages, and or products, (collectively, the “Services”). This Agreement shall govern and define your use of the Website and the Services we offer.

CHANGES TO THE AGREEMENT

We reserve the right to modify, revise, and update this Agreement by updating this posting at any time without further notice. Changes will be effective upon posting the revised version of this Agreement with the effective date indicated at the top. The version posted at the time of use shall apply.

It is your responsibility to review the Agreement to see if this Agreement has been updated and to review such changes.

We reserve the right to modify or discontinue, in whole or in part, any Services offered or change the prices of Services at any time without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of the Services.

Your continued use of, or access to the Website and the Services constitutes your acceptance of changes to the Agreement.

USE OF WEBSITE AND SERVICES

By accessing and continuing to use the Website you agree to be legally bound and abide by the Terms of Service and the Privacy Policy. If you do not agree to the Terms of Service and Privacy Policy, discontinue the use of the Website and the Services.

By communicating with us via email, you acknowledge and consent to receiving communications from us electronically.

By using the Website you agree to grant Evolution Fitness the license to use your image(s), including any containing your likeness that you submit to us, such as your profile picture or any social media platforms, for marketing, promotional, and advertising purposes.

To purchase Evolution Fitness Services online, you must register and create an account and keep your username and password confidential. You are responsible for all activities under your account. It is your sole responsibility to notify Evolution Fitness immediately of any unauthorized use.

You must be of the legal age of majority in British Columbia to enter into this Agreement. Evolution Fitness does not accept online registration of minors. Minors aged sixteen (16) years or older must register in person with a parent or guardian, who must sign a waiver of consent to enter into this Agreement. We reserve the right to terminate your account if you are a minor registered without consent.

FEES AND REFUNDS 

Fees are as listed on the Website. We reserve the right to change fees at any time and without notice. Evolution Fitness Memberships will renew indefinitely unless you provide written notice of cancellation 14 days prior to your renewal date. By purchasing a Membership, you agree to make the monthly payments as set out on the Website for the duration of the term of Membership or until canceled at your request. There are no cancellations and no refunds of the Membership payments.

Evolution Fitness Class Packages will end on the expiration date set out on the Website. There are no cancellations and no refunds of the payments.

Evolution Fitness Memberships and Class Packages are solely for your use, and are not transferable

OWNERSHIP

All content, resources, materials, images, designs, graphics, icons, videos, logos, taglines, profiles, messages, information, notes, text, music, sound, articles on the website are owned by Evolution Fitness or licensed from third parties. You may view, electronically copy, and print portions of the Website for personal use. You may not reproduce, copy, modify, share with third-parties, sell, distribute, or use such materials from our Website without the written consent of Evolution Fitness. Unauthorized use of the Website or contents of the Website may violate applicable laws and Evolution Fitness reserves all rights to pursue legal remedies. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your unauthorized use of content from the Website.

INDEMNIFICATION, WAIVER, RELEASE OF LIABILITY

You agree to indemnify, defend, release and hold harmless Evolution Fitness and its affiliates and subsidiaries, and each of their directors, officers, employees, consultants, affiliates, subsidiaries, shareholders, related entities, volunteers, heirs, executors, and assigns (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of the Website, the Services or communications. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Website and the Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.

TERMS OF SERVICE

Liability Release Form

RELEASE FROM LIABILITY AND ASSUMPTION OF RISK AGREEMENT 

This Release from Liability and Assumption of Risk Agreement (the “Release”) is executed in favor of Fitness Evolution Studio Inc., its members, officers, and employees (collectively, “Evolution Fitness”), allowing you to access its fitness studio and participate in its fitness classes (collectively, the “Activity”). By signing up for and participating in the Activity and by clicking “Agree”, you acknowledge and agree to voluntarily and without duress execute this Release under all of the following:

ASSUMPTION OF RISK

I understand that the Activity may involve strenuous physical exercise and that there are inherent risks associated with such Activity, including but not limited to, muscle strains, sprains, falls, and other injuries. I fully understand and accept these risks

WAIVER AND RELEASE OF LIABILITY

I, on behalf of myself, my spouse or partner, my heirs, personal representatives, assigns, and anyone else claiming by or through me to release, waive, forever discharge, hold harmless, covenant and agree not to commence or maintain any lawsuit, legal or administrative proceeding against Evolution Fitness, its owners, directors, officers, employees, agents, and instructors (collectively, "Releasees") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Releasees or otherwise, while participating in Activity at the studio or using its facilities.

INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless the Releasees from any and all liabilities, damages, costs, and expenses including legal fees, arising from or related to my participation in the Activity, including any claims brought by third parties alleging injury or damage caused by my actions.

MEDICAL CONSENT

I hereby acknowledge and agree that it is my sole responsibility to seek consultation with a licensed medical professional prior to participating in the Activity. I hereby represent and warrant that I am in good physical health and have no medical conditions, ailments, or impairments that would hinder or prevent my full participation in the Activity.

INFRARED THERAPY

I acknowledge that some of the Activity at Evolution Fitness may include the use of Infrared Therapy. I acknowledge that risks include dehydration, overheating, burns, and other heat-related illnesses. I acknowledge these risks and agree to participate in the Activity voluntarily. I understand that exposure to Infrared Therapy may pose significant risks to pregnant individuals, including but not limited to, potential harm to the individual and their unborn child. I understand that it is my duty and responsibility to immediately cease participation in all Infrared Therapy Activity until I have received written clearance from a licensed medical professional confirming that participation in Infrared Therapy poses no risk to my health and to the health of my unborn child.

SEVERABILITY

In the event that any provision of this Release is determined to be invalid or unenforceable, the remaining provisions of this Release shall remain in full force and effect and continue to be valid and enforceable to the fullest extent permitted by law

FULL AGREEMENT

You acknowledge that the Terms of Service and Privacy Policy, which govern your use of the Website and the Services, along with the Liability Release Form constitutes the Full Agreement.