Terms of service
Thank you for choosing POZEN YOGA LTD. (hereinafter referred to as the “Studio”).
Please carefully read and understand the following terms and conditions that govern your use of our services. By purchasing a membership, participating in sessions, or using any of our services, you agree to be bound by these Terms of Service.
1. General Use
By accessing and using the Studio's website, services, or facilities, the User agrees to abide by the terms and conditions outlined in this Agreement.
2. Conduct and Responsibilities
Users shall conduct themselves in a respectful manner while engaging with the Studio's offerings. Failure to comply may result in the termination of your membership without refund.
Users are responsible for their own safety and well-being at all times while at the Studio.
3. Liability and Participation Waiver
The Studio is not responsible for any injuries or accidents that occur during class sessions. By participating, you assume all inherent risks. To ensure the safety and well-being of all participants, every individual must agree to the below liability waiver before participating in any activities at the Studio. The waiver will outline potential risks, and by participating in our sessions, you agree to follow our Studio rules and guidelines.
4. Personal Property
The Studio shall not be held liable for any lost, stolen, or damaged personal items belonging Individuals whether stored in lockers provided by the Studio or left unattended within the Studio premises. Individuals are advised to secure their personal belongings at all times and to exercise caution when leaving items unattended. The Studio recommends the use of lockers for storing valuables and encourages members to refrain from bringing valuable or irreplaceable items to the Studio. By using our services, Individuals acknowledge and accept the risk of loss or theft of personal items and agree that the Studio, its owners, employees, and affiliates shall not be held responsible for any such incidents.
5. Retail Returns Policy
All sales are final.
Under certain circumstances, exchanges may be accepted due to quality issues with products, at the discretion of the Studio.
6. Intellectual Property
All content and materials provided by the Studio, including but not limited to class content, are the intellectual property of the Studio.
7. Privacy and Data Collection
We collect and store your personal information as described in our Privacy Policy. By using our services, you consent to the collection and use of your data as outlined therein.
8. Website Usage
Users agree not to engage in any activity that may disrupt or interfere with the proper functioning of the Studio's website.
9. Changes to Terms
The Studio reserves the right to modify these Terms of Service at any time. Any changes will be posted on our website and will take effect immediately.
By using our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you have any questions or concerns, please contact us at info@pozen.ca.
LIABILITY WAIVER
ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY
For Members over the Age of Majority in the Province or Territory in which the Fitness/Health Club Activities are provided by the Organization
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
Every Member Must Read and Understand this Waiver before Participating in Fitness/Health Club Activities. The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me, the undersigned Member (the “Member”) with and for the benefit of POZEN YOGA LTD., its directors, officers, employees, volunteers, business operators, agents and site property owners or lessees (the “Organization”).
1. “Fitness/Health Club Activities” includes but is not limited to contact and non-contact Fitness/Health Club activities, lessons, classes, training, use of facilities, programs and services provided to the Member by the Organization.
2. I am aware that there are inherent and significant dangers, hazards and risks (“Risks”) associated with the participation in Fitness/Health Club Activities. I am aware that the Risks include but are not limited to injury from physical contact with other Members, instructors or equipment, performing a skill incorrectly, or potentially dangerous obstacles, conditions on the floor or vicinity of the Fitness/Health Club Activities. I understand that the Risks are relative to my state of fitness or health (physical, mental and emotional), and to the awareness, care and skill with which the Member conducts him or herself while participating in Fitness/Health Club Activities.
3. I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in Fitness/Health Club Activities. I freely assume responsibility for my own safety. I agree that although the Organization has taken steps to reduce the Risks and increase the safety of the Fitness/Health Club Activities, it is not possible for the Organization to make the Fitness/Health Club Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Fitness/Health Club Activities.
4. I acknowledge my obligation to inform the nearest employee of the Organization if I feel any pain, discomfort, fatigue or any other symptoms I may suffer during or immediately after my participation in Fitness/Health Club Activities. I understand that I may stop participating at any time, and have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training, makes me uncomfortable or which I believe will be harmful to me.
5. I confirm that I have reached the age of majority in the Province or Territory in which I am participating in Fitness/Health Club Activities.
6. In addition to consideration given to the Organization for my participation in Fitness/Health Club Activities, I and my heirs, next of kin, executors, administrators and assigns (my “Legal Representatives”) agree:
a. to waive all claims that I or my Legal Representatives have or may have in the future against the Organization; and
b. to release and forever discharge the Organization from all liability for all personal injury, death, property damage or loss resulting from my participation in Fitness/Health Club Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization.
7. I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Fitness/Health Club Activities.
8. I agree that this waiver and all terms contained within are governed by the laws of the Province or Territory in which I am participating in Fitness/Health Club Activities. I hereby irrevocably submit to the jurisdiction of the courts of that Province or Territory.
9. I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself and my Legal Representatives.