TERMS OF SERVICE
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.m-poweredfitness.com (the “Site”) operated by M-Powered Fitness (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.m-poweredfitness.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Siteor contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of M-Powered Fitness Services. M-Powered Fitness Services are not intended for commercial or third-party use. You are only authorized to use the M-Powered Fitness Services (regardless of whether you access or use as intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the M-Powered Fitness website and discontinue use of M-Powered Fitness Services immediately. If you wish to become a Customer, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create an M-Powered Fitness account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
LIMITATION OF LIABILITY
By signing your initial registration contract and/or attending or accessing classes, events, services, activities and other programs and using the M-Powered Fitness studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, and/or on behalf of any minor for whom you are a parent or legal guardian, that there are certain inherent risks and dangers in the strenuous nature of the M-Powered Fitness classes and services. You hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that M-Powered Fitness strongly recommends that you consult with your physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of these fitness classes and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages M-Powered Fitness, its instructors, members and employees. You hereby acknowledge that you, and any minor under your care, fully release M-Powered Fitness from any liability whatsoever. In consideration for being permitted to sign up for, access and/or attend classes, services, events, activities, and other programs (individually and/or collectively, the “Services”) and for using the premises, facilities and equipment (individually and/or collectively, the “Club”) of M-Powered Fitness, you hereby acknowledge and agree to, on your own behalf, and on behalf of your personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows: You are aware and acknowledge that there are certain inherent risks and dangers associated with fitness, exercise equipment and general equipment used in the Services and the Club, whether caused by you or not. You are aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that M-Powered Fitness provides the Club “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Upon entering M-Powered Fitness, you will inspect M-Powered Fitness and your observation and use of the same shall constitute an acknowledgment that you find and accept such premises to be safe and reasonably suited for their intended purpose(s). If you do find any unsafe or unreasonably suited conditions with this location you will immediately cease to continue with any activity and will immediately notify an employee of M-Powered Fitness of the unsafe or unreasonably suited conditions. You assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of M-Powered Fitness and agree to use care in the use of M-Powered Fitness to protect against accidents to and by other participants. You are aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii)
catastrophic injuries including paralysis and death. You understand that M-Powered Fitness shall have no responsibility to pay for medical treatment and related costs if you are injured. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to
you by staff of M-Powered Fitness.
You are aware and acknowledge that you should consult with your physician or have a physical examination before participating in Services at M-Powered Fitness or enrolling in any Services at M-Powered Fitness, especially if you have a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have other physical limitations. If in the subjective opinion of M-Powered Fitness’s staff, you would be at physical risk participating in Services, you understand and agree that you may be denied access to the Services until you furnish M-Powered Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing the concerns of M-Powered Fitness and stating that the concerns of M-Powered Fitness are unfounded and without medical merit. You agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Services and Club; release, indemnify, and hold harmless M-Powered Fitness, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that you may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Services or use of M-Powered Fitness’s Club; and represent that you: (a) have no medical or physical condition that would prevent you from properly using any of M-Powered Fitness’s Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise such as that offered by M-Powered Fitness you are aware and acknowledge that if you have any chronic disabilities or conditions, you are at risk in using M-Powered Fitness’s Services and Club, and should not be participating in any Services which could cause increased risk of injury or adverse health consequences as a result of exercise. You are aware and acknowledge M-Powered Fitness makes no claims as to medical results that can or may be obtained through participation in Services and use of M-Powered Fitness Club. M-Powered Fitness has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any unlicensed employee of M-Powered Fitness unless such advice has been verified by participant’s licensed physician.
You further understand and acknowledge that M-Powered Fitness does not manufacture fitness or other equipment or products available in M-Powered Fitness’s Club and therefore M-Powered Fitness will not be held liable for defective equipment or products. Accordingly, to the fullest extent permitted
by law, you do hereby forever release, waive and discharge M-Powered Fitness from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in Services and use of the Club against M-Powered Fitness, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless M-Powered Fitness from and against any such Claims.
The content on the M-Powered Fitness website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to M-Powered Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. M-Powered Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to M-Powered Fitness are non-confidential and shall become the sole property of M-Powered Fitness. You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the website or the Content therein. “M-Powered Fitness”, and other graphics, logos, wordmarks, and designs are trademarks of M-Powered Fitness. M-Powered Fitness’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of M-Powered Fitness.
The M-Powered Fitness Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase M-Powered Fitness via your mobile phone, (ii) the ability to receive and reply to M-Powered Fitness messages, (iii) the ability to browse M-Powered Fitness from your mobile phone and (iv) the ability to access certain M-Powered Fitness features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s
normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may
work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with
you regarding M-Powered Fitness and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by M-Powered Fitness. M-Powered Fitness Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strong advice you to read the terms and
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
or the website, you represent and warrant that you over the age of majority and that you agree to abide by all the terms and conditions of these Terms of Service. Minors may register on and access our website only with the involvement and authorization of a parent or guardian.
These Terms of Service shall remain in full force and effect while you use the M-Powered Fitness Services or are a Member. M-Powered Fitness may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of
Service will remain in effect.