MVMT WELLNESS COLLECTIVE LTD.
TERMS AND CONDITIONS OF AGREEMENT
The parties to this “MVMT Wellness Terms and Conditions of Agreement” (the “Agreement”) are MVMT Wellness Collective Ltd. and its respective shareholders, directors, officers, employees, contractors, agents, and assigns (collectively, “MVMT Wellness”) and the person completing this intake form and any parent, guardian or other person accompanying him or her (collectively, the “Client”) as of the date this Agreement is signed.
1.1 In this Agreement:
- “Access” means the non-exclusive right to electronically access the Website or use a Service.
- “Client” means an individual that is charged Fees and uses the Services in accordance with this Agreement.
- “Fees” means the amount due by the Client for the Services provided by MVMT Wellness.
- “Password” means the letters, numbers and symbols selected by each Client for the Client’s Profile that authenticates the identity of the Client to the Website.
- “Payment Method” means a method of payment of Fees by the Client for Services and includes pre-authorized debit and credit card.
- “Profile” means an account where the Client inputs personal information, keeps Payment Method information and from which MVMT Wellness deducts the Fees for Services.
- “Services” means all products and services available through the Website, including but not limited to various physical activity classes offered by MVMT Wellness, that may be utilized by the Client and that are paid for by means of the Payment Method.
- “Website” means the MVMT Wellness website at https://mvmtapp.co and includes all web pages and associated materials.
2.0 ACCEPTANCE OF AGREEMENT AND CONSENT
2.1 The Client acknowledges he or she has accepted the terms of this Agreement as part of the process for Access.
2.2 The Client acknowledges and agrees that:
- by accessing the Website and/or by clicking the “I accept” button (or any similar button or mechanism), the Client will be conclusively deemed to have accepted the terms of this Agreement as they pertain to the use of the Services; and
- the Client will be solely responsible for his or her use of the Services, including without limitation any Fees incurred in connection with such Services and any use of any Passwords.
2.3 The Client will ensure that he or she complies with the terms of this Agreement as they pertain to the use of the Services, including without limitation the privacy, security and payment provisions.
2.4 MVMT Wellness reserves the right to make changes to the terms of this Agreement at any time without direct notice to the Client. The Client acknowledges and agrees that it is the sole responsibility of the Client to review the terms of this Agreement on a regular basis.
2.5 By continuing to access the Website following the date of any such changes, the Client will be conclusively deemed to have accepted any such changes on his or her behalf.
3.0 PROPRIETARY RIGHTS
3.1 The Website is owned by MVMT Wellness and/or its licensors and is protected by copyright, trademark and other laws. Except as expressly permitted in this Agreement, the Client may not use, reproduce, modify or distribute, or allow any other person to use, reproduce, modify or distribute, any part of the Website in any form whatsoever without the prior written consent of MVMT Wellness.
4.0 CLIENT OBLIGATIONS
4.1 The Client will comply with:
- the requirements regarding the integrity and/or security of the Website set out in this Agreement; and
- all applicable laws,
in connection with the Client’s use of the Services.
4.2 The Client will ensure that he or she:
- maintains in confidence the Passwords;
- has been adequately trained and instructed to utilize any Service provided by MVMT Wellness; and
- does not use the Website for any inappropriate or unlawful purpose.
5.1 This Agreement will not in any way make the Client an employee, agent or independent contractor of MVMT Wellness. The Client will not in any way indicate or hold out to any person that the Client is an employee, agent or independent contractor of MVMT Wellness.
6.1 MVMT Wellness will provide the Client with Access on the terms and conditions set out in this Agreement.
6.2 Subject to subsection 6.3, Access may be available twenty-four hours a day.
6.3 MVMT Wellness reserves the right to limit or withdraw Access at any time, in order to perform maintenance of the Website or in the event that the integrity or security of the Website or any Service is compromised.
6.4 The Client acknowledges and agrees that, for the purpose of Access:
- it is the Client’s sole responsibility, at the Client’s own expense, to provide, operate and maintain computer hardware and communications software or World Wide Web browser software that is compatible with the Services; and
- any failure to do so may impact the Client’s ability to access the Website.
6.5 The Client will provide MVMT Wellness with a Payment Method upon creating a Profile with MVMT Wellness.
6.6 MVMT Wellness will charge the Client’s Payment Method for Fees incurred by the Client, as further described in sections 6.7 and 6.8.
6.7 MVMT Wellness will charge the applicable Payment Method immediately after booking any Services for all Fees due.
6.8 MVMT Wellness will charge the applicable Payment Method for Clients on a monthly subscription basis to the Services for Fees to be incurred in the following month. The Fees will become due and payable on the first of the month.
7.1 The Client will immediately pay to MVMT Wellness all applicable Fees incurred for the Services. All Fees are due and payable when the Services are utilized.
7.2 MVMT Wellness may charge the Client a service fee of ten dollars ($10.00) if any method of payment of any Fees is rejected due to insufficient funds, and may suspend ability to utilize the Services until such service fee and all other Fees owing have been paid by the Client.
7.3 Unless otherwise specified, all references to money in respect of the Services are to Canadian dollars and all Fees will be processed in Canadian dollars.
7.4 Any refund or credit for any Services is at the sole discretion of MVMT Wellness.
7.5 If a Client does not notify MVMT Wellness in writing of any errors in or objections to any Fees credited to the Client’s Profile within ninety (90) days of the applicable transaction date, the account balance of the Profile and any charges made against it will be conclusively deemed to have been accepted as correct by the Client and no claim for credit, adjustment or set-off will be accept.
8.0 SUSPENSION OF SERVICE AND CANCELLATION OF PROFILE
8.1 MVMT Wellness may, in its sole discretion, suspend Access to the Services upon written notice to a Client if the Client’s Payment Method is denied or is deemed by MVMT Wellness to have insufficient funds.
8.2 If Access has been suspended in accordance with section 8.1 and the Client wishes to have its Access restored, the Client must, within sixty (60) days of the date of such notice, pay sufficient funds to MVMT Wellness.
8.3 MVMT Wellness may, in its sole discretion, immediately suspend Access upon written notice to the Client if the Client has violated any provision of this Agreement.
8.4 MVMT Wellness may cancel any Profile that has not been used for a significant period of time, as determined by MVMT Wellness, in its sole discretion.
8.5 Cancellation of a Profile will not terminate the Agreement between the Client and MVMT Wellness unless the Client has only one Profile, in which case this Agreement will be deemed to be automatically terminated.
8.6 Cancellation of a profile requires written confirmation from a client in order to complete and process the termination in accordance with the provisions of this agreement.
9.0 TERM AND TERMINATION
9.1 The term of this Agreement will be from the date this Agreement is signed and will continue until terminated in accordance with the provisions of this Agreement.
9.2 MVMT Wellness may immediately terminate this Agreement upon written notice to the Client if:
- the Client’s Access has been suspended pursuant to section 8.1 and the Client has not deposited additional funds as set out in section 8.2; or
- the Client’s Access has been suspended pursuant to section 8.3.
9.3 Upon termination:
- the Client will immediately cease all use of the Services and Passwords;
- MVMT Wellness may withdraw from the Client’s Payment Method all Fees owing to MVMT Wellness;
- the Client will pay to MVMT Wellness all unpaid Fees, including without limitation any Fees for which there are insufficient funds in the Client’s Payment Method, incurred by the Client up to the date of termination; and
- MVMT Wellness will refund any balance of five dollars ($5.00) or more to the Client within ninety (90) days following the date of termination of this Agreement, in its sole discretion.
10.0 WARRANTY DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
10.1 THE CLIENT ACKNOWLEDGES AND CONFIRMS THAT THE CLIENT UNDERSTANDS THAT THIS ARTICLE 10 REQUIRES THE CLIENT TO ASSUME THE FULL RISK IN RESPECT OF ANY USE OF THE SERVICES BY THE CLIENT.
10.2 THE CLIENT FURTHER ACKNOWLEDGES AND CONFIRMS THAT HE OR SHE IS NOT A PROFESSIONAL ATHLETE.
10.3 Definitions: In this section:
- “I”, “me” and “my” mean the Client; and
- the term “Activity” includes all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by MVMT Wellness, either in person at any location or virtually through videoconferencing technology and will include, but will not be limited to physical exercises, using the equipment and attending classes.
10.4 Acknowledgement And Assumption Of Risk
I UNDERSTAND AND AGREE that there is potential risk for injury involved in the training and participation of any Activity. I further understand and agree that participating in any Activity offered by MVMT Wellness or any type of training or fitness activity is a potentially dangerous Activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most participants will encounter this sort of minor injury from time to time while taking part in this Activity. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude. The possibility of more serious injury exists, including fractured bones, broken bones, torn ligaments, and a rare but serious condition known as Rhabdomyolysis, though most participants do not encounter such serious injuries/conditions. There remains, despite safety precautions, the remote possibility of crippling or death.
I represent that I have reached the age of majority as defined under the law applicable to my domicile. I acknowledge that MVMT Wellness does not provide the Activities to anyone who has not yet reached the age of majority.
A minor child or children who have not yet reached the age of majority (a “Minor”) may accommodate me while I am present perform the Activities. I have considered and I am aware of the potential risks of having a Minor with me while I perform my Activity. I accept that while I perform my Activity at MVMT Wellness or attend virtual classes through online platforms, there may be times where a Minor will not be under my direct supervision. I hereby freely accept and fully assume all risks and the possibility of personal injury, property damage and loss to a Minor while I am present at MVMT Wellness, either in person or online.
I FREELY ACCEPT AND FULLY ACKNOWLEDGE all such risks, dangers and hazards, resulting from my participation in any Activity offered by MVMT Wellness.
I AM ALSO AWARE THAT I SHOULD DISCUSS MY PARTICIPATION IN THIS ACTIVITY WITH MY PHYSICIAN TO DETERMINE THE EFFECT ON MY CURRENT HEALTH.
It is my right and responsibility as a participant to immediately remove myself from participation in the program and notify the nearest official, if at any time I sense any unusual hazard or unsafe condition or if I feel that I am physically, emotionally, or mentally unfit for continued participation in the program. I have read and understand the above statement of risk. I assume responsibility for my own safety, and I understand and accept the risks involved with all activities offered by MVMT Wellness.
10.5 Release Of Liability, Waiver Of Claims And Indemnity Agreement
In consideration of approval for myself to participate in the activities offered by MVMT Wellness, I hereby agree TO WAIVE ANY AND ALL CLAIM that I have or may in future have against MVMT Wellness, coaches, officials, members, agents, volunteers, directors, officers, employees and representatives, and other participants (all of whom are hereinafter collectively referred to as “Releasees”).
I HAVE READ, understood and agree with the statements in the ACKNOWLEDGEMENT AND ASSUMPTION OF RISK portion of this document, and by assuming and acknowledging this risk, I completely absolve all from any and all liability for loss, damage, injury or expense that I may suffer, that a third party may suffer, or that my next of kin may suffer as a result of my participation in any of the activities and/or programs offered by the Releasees, DUE TO ANY CAUSE WHATSOEVER. I acknowledge my responsibility to ensure adequate medical personal health, dental and accident insurance coverage, as well as protection of my personal possessions.
IN ENTERING INTO THIS AGREEMENT I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this agreement.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE AGAINST THE RELEASEE.
If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
I recognize that there is risk involved in the types of activities offered by MVMT Wellness. Therefore I accept all financial responsibility for any injury that may be caused either to myself or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the Releasees from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by MVMT Wellness, at the main building(s) or abroad. This includes, but is not limited to parks, recreational areas, playgrounds, my own premises, and/or any area selected for training by MVMT Wellness.
11.0 PHOTOGRAPHY AND VIDEO RELEASES
I, the undersigned, give permission to MVMT Wellness and/or parties designated by MVMT Wellness to photograph and/or videotape me and use such photograph(s)/video(s) in all forms of media, for any and all promotional purposes including advertising, display, audiovisual, exhibition or editorial use. I further consent to the use of my name in connection with the photograph(s)/video(s) if needed by MVMT Wellness and/or parties designated MVMT Wellness. I understand and agree that I will not receive any payment for my time or expenses or any royalty for the publication of the photograph(s)/video(s) or the use of my name and I hereby release MVMT Wellness and/or any parties designated by MVMT Wellness from any such claims.
I certify that I have read and fully understand this consent and release, and that all questions pertaining to this consent have been answered to my satisfaction.
12.0 PERSONAL INFORMATION AND PRIVACY
12.1 Definitions: For the purposes of this section, the following terms have the definitions ascribed to them:
- Service means any services provided by MVMT Wellness.
- Personal Information means any information about a living individual who can be identified from that information (or from those and other information either in our possession or likely to come into our possession).
- Usage Data is data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
MVMT Wellness collects Personal Information when I voluntarily provide it through the Website, or when I provide it to them through other means. The Personal Information may include my full name, contact information, such as my address, telephone number or email address and any other Personal Information I choose to submit to MVMT Wellness.
Personal Information collected by MVMT Wellness may be used for the purposes for which it was collected or for other purposes to which I may consent, such as but not limited to: providing Services, verifying my identity, notifying me about changes to the Services, allowing me to participate in interactive features of the Services, providing customer support, and providing me with news, special offers and general information about other goods, services and events which MVMT Wellness offers that are similar to those I have already purchased.
Some or all of the Personal Information collected may be stored or processed in jurisdictions outside of Canada, including the United States of America and as a result, that information may be subject to access requests from those governments, courts or law enforcement.
MVMT Wellness will obtain my consent to disclose Personal Information, except the following, which may be disclosed without my consent:
- to protect and defend the rights or property of MVMT Wellness;
- when collection, use or disclosure is permitted or required by law;
- in an emergency that threatens an individual’s life, health or personal security;
- when the Personal Information is available from a public source;
- when MVMT Wellness require legal advice from a lawyer;
- for the purposes of collecting a debt;
- to protect MVMT Wellness from fraud; and
- to investigate an anticipated breach of an agreement or a contravention of law.
12.2 Protection of Personal Information
The security of my Personal Information is important to MVMT Wellness and they will make reasonable efforts to protect the Personal Information by maintaining physical, organizational and technological safeguards appropriate to the sensitivity of such Personal Information.
MVMT Wellness may employ third parties to facilitate the Service and the Webiste, provide the Service on their behalf, perform Service-related services or assist us in analyzing how the Service is used. I understand that these third parties have access to my personal information only to perform these tasks on my behalf and they are not obligated to disclose it for any other purpose.
MVMT Wellness has no control over and assumes no responsibility for the content, privacy policies or practices of any third party sites or services.
MVMT Wellness does not knowingly collect personally identifiable information from any Minor. I understand that if I am aware that my Minor child has provided MVMT Wellness with Personal Information, I will promptly contact MVMT Wellness, who will then take steps to destroy that Personal Information.
MVMT Wellness retains Personal Information collected only as long as necessary for the purposes for which it was collected or to meet legal requirements. Any information no longer required will be destroyed.
If MVMT Wellness uses information that directly affects me, I acknowledge that they will retain that information for at least one year so that I may have reasonable opportunity to request access to it.
I understand that I have a right to access my Personal Information and to request a correction to it if I believe that it is inaccurate.
13.1 Any Schedules to this Agreement are part of this Agreement.
13.2 The Client will not, without the prior written consent of MVMT Wellness, assign, either directly or indirectly, this Agreement or any right of the Client under this Agreement.
13.3 This Agreement will be for the benefit of and be binding upon the successors and permitted assigns of each of the parties.
13.4 This Agreement, as may be updated by MVMT Wellness from time to time, constitutes the entire agreement between the parties and supersedes any other prior agreements or undertakings that have been entered into, made or given by the parties prior to the date of this Agreement.
13.5 All provisions of this Agreement in favour of either party, and all rights and remedies of either party, either at law or in equity, will survive the expiration of this Agreement.
13.6 If any provision of this Agreement is found to be invalid, illegal or unenforceable, it will be severable from this Agreement and the remaining provisions will not be affected and will be valid, legal and enforceable.
13.7 This Agreement is governed by, and interpreted and construed in accordance with the laws of the Province of British Columbia and will attorn to the exclusive jurisdiction of the courts of British Columbia.
14.0 ELECTRONIC ACCEPTANCE
By clicking the box, I acknowledge that I have read, understand, consent, and agree to the all terms and conditions of this Agreement as of today’s date.