1.1. Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
1.2. Amendment of Terms. Gym Fleet may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
1.3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2.1. Gym Fleet Platform. Gym Fleet is a monthly subscription membership that enables Gym Fleet members to reserve the right to access any affiliated gym by use of identification. Through the Gym Fleet platform you can access third party products and services. Gym Fleet itself is not a gym, fitness studio or service provider and does not own, operate or control any of the fitness clubs, services or facilities accessible through the network Gym Fleet provides.
2.2. Membership Cycles. Your Gym Fleet membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each Gym Fleet cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. For example, if you purchase your Gym Fleet on June 10, your membership will automatically renew on July 10 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use Gym Fleet. We will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
2.3. Eligible Gym’s. Each member is eligible to drop into any affiliated gym on a limited monthly basis,an affiliated gym is a membered gym of Gym Fleet and will be shown/advertised on Gym Fleet website, mobile application, or any other product your services made available by Gym Fleet. Gym time or other service time per Membership Cycle (“Eligible Gym’s”) to be used to visit any Venue of their choice available to such member on our platform. Gym Fleet reserves the right to change from time to time the number of Eligible gym’s a member can visit per cycle, membership plan, geography, Venue or otherwise.
2.4. Membership Plans. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
A "Pass" is a unique barcode code purchased by you and only applies to and is valid to be redeemed at ‘Partner Venues’ for entrance to their facilities. On arrival you will be required to present your Pass for redemption and in doing so you agree to accept and abide by the terms & conditions of use governing that venue which can be requested from the venue on arrival as required.
Please note that we recommend all of our gym Partner's request that you provide them with proof of identity on arrival at the gym in order to ensure you are the purchaser of the Pass Code. Acceptable forms of identification typically include passport, driving licence, ID card etc. However, please read the venue description carefully as a small number of venues will insist on photographic ID only. Where this is the case we include a note to this effect on the venue description.
Please note that each Pass Code you purchase will only grant you access to a venue. You may not share your codes with others, or purchase codes on behalf of someone else. If you cannot provide ID which matches the Pass Code purchaser details then you will be prevented from accessing venues.
When using Gym Fleet services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
DAY PASS. All One Day Passes are valid for one single entrance to the gym it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked "Expired" in the "My Account" section. You may refund an unused One Day Pass at any point during its 30 day validity period. Refunds for One Day Passes are in the form of bonus credit, which can be used to purchase any of the products on our website, and will be valid for 30 days from the date of the refund. Once used, a One Day Pass may not be refunded.
A One Day Pass purchased with bonus credit can be refunded, however the bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used. A One Day Pass purchased with a ‘First Pass Free’ promotion can be cancelled but no funds will be transferred back into the registered user’s account.
BUNDLES OF DAY PASSES. Bundle products are multiple single use passes which are sold at a discounted price than the corresponding individual pass. A 5 Day Pass will give the user access to the venue the pass was purchased for for 5 times within the 30 day validity period. A 10 Day Pass will give the user access to the venue the pass was purchased for 10 times within the 60 day validity period. Unused bundle products are refundable within 14 days of purchase through Customer Service. Bundle products will not be refunded once they have been used. In the exceptional circumstance that a venue closes down before the entire pass has been used, the user will be refunded for their remaining visits, at the discounted price that the passes were purchased for.
CLASSES. Classes can be cancelled 16 hours before the start of the class. This will be refunded to your Gym Fleet account as bonus credit. You will be unable to cancel within 16 hours of the start time of the class, and you will not receive a refund for the booked class if you're unable to attend.
We take all reasonable measures to ensure that the class timetables on Gym Fleet are up-to-date. There may be some occasions where the information that we have on the website has not been updated. In these instances, a refund will be processed in the form of credit by which the pass was originally purchased.
UNLIMITED ACCESS PASS. Monthly passes are valid for an uncapped number of entries to the club that they have been purchased for. All monthly passes are valid only for the individual who has purchased them. A maximum of 50% of the total payment for any Monthly Pass can be made using bonus credit.
RECURRING BILLING OF UNLIMITED ACCESS PASS. All Monthly Passes will be billed monthly, on the same date each month. By starting your Monthly Pass you authorise us to charge you a monthly membership fee, the "Monthly Renewal Payment", at the then current rate. A maximum of 50% bonus credit can be applied for recurring monthly payments.
PAYMENT METHODS FOR UNLIMITED ACCESS PASS. You may edit your payment method information at any time by logging into your account or by contacting Customer Service. If an applicable payment is not successfully settled, for any reason, you remain responsible for any uncollected amounts.
CANCELLATION OF UNLIMITED ACCESS PASS (outside of initial 14-day membership period). Monthly Passes with a minimum period of 1 month can be cancelled at any time after the first 14 days after the first purchase (where the first purchase counts only as the initial Monthly payment, not a renewal payment) to prevent the next Monthly Renewal Payment from being billed. The user will be able to use the Pass until the end of their current monthly billing cycle once cancelled. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, OR AS PROVIDED BY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such refunds or discounts and the decision to provide them, are at Gym Fleet's sole and absolute discretion.
RIGHT TO CANCEL WITHIN 14 DAYS OF PURCHASE FOR UNLIMITED ACCESS PASS. The user has the right to cancel their Monthly Pass within 14 days of the initial sign up date (where the initial sign up date is the date of the first Monthly payment, not a renewal payment) without giving any reason. The user can cancel the membership through their Gym Fleet or by contacting Customer Service. An Admin fee will be charged if the Pass has been used within the initial 14 days, calculated using the day pass price of the venue that the user has purchased the pass for, multiplied by the number of visits made to any venue prior to cancellation. We may at our own discretion waive any fees incurred. We will make any reimbursements no later than 14 days after the day on which we are informed about your decision to cancel your membership.
ACCESS TO OTHER VENUES WITH A UNLIMITED ACCESS PASS. With a Monthly Pass, the user will be able to access all of the gyms which offer their own Monthly Pass, where the monthly renewal price is less or equivalent to the one of the primary chosen venue. Access to venues may vary depending on price changes to the monthly pass price. A list of available venues that you can visit with your Monthly Pass will be available in your Gym Fleet account when logged in.
MINIMUM AGE TO PURCHASE A PASS. You have to be aged 16 years or above to purchase a pass. However some of our Partners allow parents and other legal guardians to purchase passes to be used at Partner gyms for children under 16 in their care. This is most likely to be the case for Local Leisure Centre facilities where swimming passes are available. As it is entirely under the discretion of the gym you are advised to check with the Partner that you intend to visit if you would like to purchase a pass for children less than 16 years of age. Some of our Partners do require customers to be at least 18 years of age in order to purchase a pass, this will be made clear at time of booking.
2.5. Venue and Gym’s Availability and Allocation. Gym Fleet makes no guarantee on the availability of particular Venues, Venue locations, or other inventory, and availability may change over time, including during the course of any given Membership Cycle.
2.6. Use of Gym Fleet. Your Gym Fleet membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift drop-ins to third parties, including other Gym Fleet members. Gym Fleet may not be used for commercial purposes. To use your Gym Fleet membership you must have access to the Internet, this may differ depending on if Gym Fleet’s trial phase is active. We continually update and test various aspects of the Gym Fleet platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.
3.1. Recurring Billing. By starting your Gym Fleet membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below.
3.2. Billing Cycle. When you sign up and purchase your Gym Fleet subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Gym Fleet membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
3.3. Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services you may have used prior to your cancellation, to the extent permitted by law (such class fee charges not to exceed the cost of the subscription itself) . Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
3.4. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicated otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Gym Fleet website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.
3.5. Trial. A trial memberships includes full access to the Gym Fleet platform and unlimited drop-ins at participating gym’s (max 6 drop-ins per gym) during trial period. Trial begins at moment of purchase and ends at 11:59pm on the same weekday of following month. Trial will convert to regular monthly membership and price unless canceled by 12pm on day before last day of trial. Customers that cancel immediately after trial may not attend classes taking place after end of trial period (even if booking occurred before end of trial period). Trial is only available to new customers.
4.1. Fees We Charge. Your Gym Fleet membership fee covers your access to Eligible Facilities as explained above. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time.
4.2. Fees Charged by Venues. In addition to fees we charge, some of the Venues may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Venues might charge extra to rent a yoga mat or cycling shoes. Further, your Gym Fleet membership only gives you access to the facility. The venue may have additional fees for use of additional classes or spaces.
4.3. Third Party Fees for Using Gym Fleet. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site.
5.1. Termination or Modification. You agree that Gym Fleet at any time, in its sole discretion and for any or no reason, may (i) terminate, deactivate and/or suspend any account (or any part thereof) you may have with Gym Fleet or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (ii) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. Gym Fleet may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Gym Fleet will not be liable to you or any third party for any such termination.
5.2. Infringing or Fraudulent Activity. Gym Fleet does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gym Fleet may have at law or in equity.
6.1. Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Gym Fleet or may terminate your subscription at any time based on these criteria.
THE SITE IS NOT AVAILABLE TO PERSONS OUTSIDE CANADA OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY GYM FLEET. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A CANADIAN RESIDENT AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
6.2. Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
6.3. Account Information. You agree that the information you provide to Gym Fleet on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
By using the Site, you agree not to:
This site is intended for Canadian residents only. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email or other electronic messages, or privacy.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You must be the age of majority in your province or territory of residence to use this Site or to purchase a Gym Fleet membership. Gym Fleet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10.1. General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). Gym Fleet does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Gym Fleet’ platform), including any Venue, may read your User Submissions. Gym Fleet is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Gym Fleet. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Gym Fleet, are entirely responsible for all User Submissions that you upload, post, email, transmit, or otherwise make available through the Site.
10.2. Right to Remove or Edit User Submissions. Gym Fleet makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Gym Fleet complies with the Copyright Act, and will remove User Submissions upon receipt of a notice from the copyright owner or the owner’s agent (see the “Copyright Act” section below).
10.3. License Grant by You to Gym Fleet. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Gym Fleet, you hereby grant Gym Fleet and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Gym Fleet Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publish, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Gym Fleet’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You hereby waive moral rights in your User Submissions in favour of the Gym Fleet Licensees.
10.4. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Gym Fleet to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Gym Fleet and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Gym Fleet’s or any Gym Fleet Licensee’s use of such User Submissions pursuant to these Terms, and Gym Fleet’s or any of Gym Fleet Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Gym Fleet may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Gym Fleet determines in its sole discretion to violate the standards of this Site. Gym Fleet takes no responsibility and assumes no liability for any User Submissions.
10.5. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Gym Fleet does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GYM FLEET WITH RESPECT THERETO.
10.6. Feedback. If you provide Gym Fleet with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Gym Fleet shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Gym Fleet a perpetual, irrevocable, non exclusive license under all rights necessary to incorporate and use your Feedback for any purpose, and you hereby waive moral rights in your Feedback in favour of Gym Fleet.
The Site is owned and operated by Gym Fleet. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Gym Fleet (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Canada, the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Gym Fleet or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Gym Fleet or its affiliates and/or third-party licensors. Except as expressly authorized by Gym Fleet, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Site may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. Gym Fleet does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Gym Fleet makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and/or services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT GYM FLEET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Except as explicitly stated otherwise, legal notices will be served, with respect to Gym Fleet, on Gym Fleet’s national registered agent, and, with respect to you, to the email address you provide to Gym Fleet during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
ACTIVITIES, AND ANY OTHER PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT GYM FLEET. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH FACILITIES, ACTIVITIES, OR OTHER PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL GYM FLEET BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. GYM FLEET IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS MADE A RESERVATION, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE SITE. WITHOUT LIMITING ANYTHING HEREIN, GYM FLEET DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY CLASSES, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY GYM FLEET, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GYM FLEET, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UNLESS OTHERWISE EXPRESSLY STATED BY GYM FLEET. GYM FLEET, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Gym Fleet, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GYM FLEET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH GYM FLEET, EVEN IF GYM FLEET OR A GYM FLEET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GYM FLEET’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL GYM FLEET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
Members taking classes or attending a gym are deemed to agree to the liability waivers of individual Venues. Your participation in any class or service may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of the Venues. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, please contact us at email@example.com.
General. Generally, if a dispute arises between Gym Fleet and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gym Fleet agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the Province of Ontario, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Gym Fleet must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario for the purpose of litigating all such claims or disputes.
21.1. Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
21.2. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
21.3. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.4. Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Gym Fleet relating to the subject matter herein.
Claims; Statute of Limitations. YOU AND GYM FLEET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.