Terms and Conditions

1. Overview

These terms and conditions (the “Terms”) apply to and govern your relationship with The Movement Project (hereinafter, the “Company”, “our”, “us”, “we”) including, but not limited to: (i) your use of the Company’s website (www.themovementproject.ca), social media sites (eg. https://www.instagram.com/themovementproject.ca/) and sports management application (Open Sports) (collectively, the “Site”) and the Company’s Content; (ii) your purchase of products and services; (iii) your communication with us; (iv) your use and attendance of any of our studios; and (v) all other services we provide in connection with the above (collectively the “Services”).

By accessing, browsing, subscribing to or otherwise using our Site and using any of the related Services, you agree to comply with and to be bound by the Terms, as amended from time to time.

Relating to your use of our social media accounts and Open Sports application these Terms are intended to supplement only, and shall not replace, the then-current terms of use / service and policies of the relevant third party. In the event of a conflict or inconsistency between our Terms and the provisions contained in the such third party agreements and policies, the provisions of the third party provider will govern and prevail to the extent of any such conflict or inconsistency.

All Content provided on the Site is intended for general informational purposes only, and should not be relied upon or used to replace the advice of a qualified professional.

2. Changes to Terms, Services and Prices

We reserve the right to change, modify or amend these Terms or to add or remove portions of the Site and Content at any time, without notice to you, by updating this posting. By continuing to use the Site and related Services, you agree to be bound by any such changes, modifications, additions or deletions.

It is your sole responsibility to review these Terms from time to time as they create a binding legal agreement between you and us.

Pricing and availability of Services are subject to change without notice. Services may be discontinued at any time. We will not be liable to you or to any third party for any change, modification, addition or deletion to the Terms or Services except that the Company will refund any fees received for any unperformed Services that are discontinued or cancelled by the Company for reasons unrelated to a breach of the Terms.

3. Use of Site by Minors

If you are under the age of majority in the province in which you are using the Site (a “Minor”), you may use the Site and Services only with the involvement of a parent or guardian.

Registration of a Minor must be completed by a parent or guardian. To register a Minor: (i) the Minor must meet the minimum age requirement of 15 years old at time of registration, unless such requirement is otherwise varied or waived by the Company; and (ii) a Waiver Form must be completed and signed by parent or guardian either in person for in-studio classes or submitted electronically, in which case the parent or guardian shall appear at the start of the first virtual class to confirm their acknowledgement of the Waiver Form.

4. Sales, Refunds and Cancellations

You are responsible to provide complete and accurate account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card information, so that we can process your transactions and contact you as needed.

Certain Services may be available exclusively online through the Site and limited quantities may apply. We reserve the right to refuse to sell to any person, to limit Services based on geographic location or jurisdiction, and to limit or cancel quantities per person, per household or per order.

Payment for Services will be processed through the sports management platform Open Sports (https://opensports.ca) and fees will be deposited into the Company’s bank account through the payment gateway, Stripe (https://stripe.com/en-ca), subject to the terms and conditions of the respective third party provider. Prices for Services are stated, and payable in Canadian dollars. We are not responsible for any fees, changes, exchange rates or additional charges levied by individual financial institutions or credit card companies.

Refunds and cancellations for services and products are permitted in certain circumstances. We reserve the right to modify the following terms on a case by case basis, for any class, service or event that you register for on the Open Sports app. You are responsible for reviewing the refund/cancelation terms prior to confirming each order that is placed on the Open Sports app.

Classes

Drop-in classes may be refunded 12 hours prior to the class. After this time, a refund will not be issued. Class credits are only issued at our discretion.

Class series (eg. 4 week yoga series) or class passes (eg. 10-pack classes) are non-refundable and non-transferrable. Class credits for these missed class will not be issued.

Any classes that are cancelled by us (due to weather, staff illness, low enrollment etc.) will be communicated to participants via the Open Sports app at least 6 hours before the start of class, and will be refunded.

Services/Events

All other services and events (eg. in-studio workshops, teaching trainings, studio audits, etc) require a 50% deposit upon booking with balance due and payable on or before the first day of the service/event. Changes in delivery dates require at least 1 week prior written notice to us. Any cancellation that occurs at least 4 weeks from the date of the event will be subject to a full refund; any less notice will result in the forfeiture of the 50% deposit.

5. Links

We shall have no responsibility or liability to you in connection with third party websites or applications accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk and we are not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. We do not review or monitor the contents of Linked Sites, and provide links to you only as a convenience. The inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by us. Please be advised that when you access a Linked Site from our Site our Terms no longer apply, and you will be bound by the terms and conditions and privacy policies of the third party that owns such Linked Site.

6. Privacy, Personal Data and Communications

We value your privacy. In our Privacy Policy, we describe what personal information is collected, for what purposes it is used, to whom it is shared, and the means by which it is protected. By visiting the Site or using any of the Services, you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. If you do not agree to the terms of the Privacy Policy, you may not access or use any portion of our Site or Services.

When you use our Site or communicate with us via email, you are communicating electronically. You will receive communications from the Company electronically only in accordance with the consent that you provide to us. We will communicate with you by email or by posting notifications or updates to our Site. You understand and agree that all agreements, notices, disclosures and other communications that that Company provides electronically satisfy any legal requirements that such communications be in writing.

Any information sent or received over the internet is generally not secure. We do not guarantee the security of any communication to or from our Site.

7. Intellectual Property Rights

All content and material on and/or forming part of the Site from time to time, including without limitation, all text, information, links, messages, photographs, graphics, audio, video, animation, choreography, music, sounds, publications, blog posts, educational materials, logos, trademarks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by the Company or its licensors. You acknowledge and agree that you do not acquire any ownership rights by downloading the Content from the Site, regardless of whether payment is rendered for such use. All rights not expressly granted to you in this Agreement are reserved.

You are granted a limited, revocable, non-exclusive and non-transferable right and license to access and use the Site and to view, consume and display for private, non-commercial purposes only, the Content on a single device at any one time, provided that you retain all copyright and other proprietary notices in the same form and manner as on the original and comply with the Terms herein.

Except as for the limited rights granted to you in the foregoing paragraph, you are expressly prohibited from reproducing, modifying, adapting, publicly displaying, publishing, uploading, posting or linking to any other third-party website, transmitting (including through email), selling, distributing or sub licensing to a third party, or otherwise using in any way the Site or Content, or any part thereof, without the express prior written consent of the Company.

8. Prohibited Use

You are prohibited from using the Site, its Content and related Services:

(a) For any unlawful purpose, including soliciting or inciting others to perform or participate in any unlawful acts;

(b) To violate any applicable laws and regulations, including without limitation, privacy and anti-spam laws;

(c) To infringe or violate the rights of the Company or any third party including copyright, trademark, privacy, contractual or other personal or proprietary right;

(d) To modify, reverse engineer, decompile, disassemble the Site, the Content or any part thereof;

(e) To rent, lease, sublicense or transfer any rights in the Site or the Content;

(f) To remove any proprietary notices or labels on the Site or the Content;

(g) To resell or make commercial use of the Site or its Contents or to create, reproduce or distribute any materials derived from the Site or its Contents;

(h) To use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages or Content found on or accessed through the Site;

(i) To upload or transmit malware or other malicious code that will or may be used to interfere with the functionality or operation of the Site and related Services, or the internet; (j) To establish links to or from other websites to the Site;

(k) To harass, abuse, insult, harm, defame, slander, disparage or discriminate against any person;

(l) For any obscene or immoral purpose; and

(m) To engage in any conduct which the Company, in its sole discretion, determines to be detrimental to its interests and reputation, including without limitation, breaching these Terms or intentionally interfering with the Site.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

9. No Warranty, Limitation of Liability and Indemnification

To the maximum extent permissible by law, the Services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, Company disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability, non-infringement, accuracy, or that the Services will operate uninterrupted and error-free. Any reliance on or use of the Content on this Site is at your own risk.

Under no circumstances will the Company and its directors, officers, employees, shareholders, agents and representatives, be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the Services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will the Company’s cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the Services or otherwise under these Terms exceed one hundred Canadian dollars (CDN $100.00). Some provinces do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, certain of the above limitations in this section may not apply to you.

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, shareholders, agents, representatives, licensors and licensees, from any and all liabilities, damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of these Terms or your violation of any law or the rights of such third party. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by the Company.

10. Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Site and related Services at any time, without notice, and for any reason including but not limited to your breach of the Terms.

11. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, notwithstanding your domicile, residency or physical location and without regard to conflict of laws principles that would require the application of the laws of another jurisdiction Any dispute relating to the Terms, including without limitation the interpretation, construction, application, enforceability and breach of such Terms, shall be resolved exclusively by the courts located in the Province of Ontario. You agree not to bring any legal action against us in any jurisdiction except the Province of Ontario, and you shall submit and consent to such jurisdiction.

12. General

If any provision of the Terms shall be deemed unlawful, void or unenforceable by a court of law, then the impugned provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of the remaining provisions. Any failure of us to insist upon or enforce strict performance of any rights or provisions of these Terms is not to be construed as a waiver of any such right or provision. Your use of the Services does not and shall not be deemed to create any agency, joint venture, employment, fiduciary or other legal relationship of any kind between you and us other than that of independent contractors.

The Terms, including any separate waiver or participant agreement signed by you at the time of your registration for a particular Service, constitutes the entire agreement with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, understandings, commitments and discussions, whether oral or written, between you and us.

A delay or failure by you or us to perform obligations under these Terms, other than the payment of money, will be excused to the extent that such delay or failure is caused by an unforeseeable event beyond your or our reasonable control including but not limited to: fire, flood, explosion, lightning, windstorm, earthquake, failure or destruction, in whole or in part, of machinery, equipment or facilities, discontinuity in the supply of power, civil unrest, war, acts of terrorism, epidemic, pandemic, quarantine or governmental actions. In any such case, the affected party will promptly notify the other, and will be not be liable for delayed or failed performance for the period in which the event persists.

13. Contact Us

Questions about the Terms and Conditions may be sent to us in writing at: [email protected]

Last Updated: March 5, 2021

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