TERMS OF SERVICE AND WAIVER OF RIGHTS (“Terms”)
These Terms are applicable to all paying participants of ReAlignment Lab’s fitness, health and mobilization training services provided by AMANDA EGGLETON and KYLE CHAPMAN and any of ReAlignment Lab’s then-current employees, contractors, volunteers or other representatives working with you in a capacity of a trainer, general fitness advisor or massage service provider (collectively referred to as the “Trainer/Therapist
”) and doing business as REALIGNMENT LAB.
For purposes of greater certainty, “you/your” refers to you as the participant of the Trainer’s Services and “we/us/our” refers to the Trainer/Therapist.
THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND US.
PLEASE READ THEM CAREFULLY BEFORE AGREEING TO RECEIVE ANY SERVICES FROM US.
the Trainer/Therapist provide in-person and video-based fitness, health and mobilization personal training services, supplemented with general nutrition and dietary recommendations (collectively referred to as “Personal Training Services
” and individually referred to as a “Personal Training Session
”), as well as Massage Services (collectively referred to as “Massage Services
” and individually referred to as a “Massage Session
”) (all services collectively referred to as the “Services
participants of our Personal Training Services are provided access to a Personal Training Session guided by one of our Trainer/Therapist upon payment of the Personal Training Service fee(s) over our Website: www.realignmentlab.com (“Website
participants of our Massage Services must provide credit card information in advance of any scheduled Massage Session with us. Massage therapy clients are charged the Massage Therapy Service fee after the massage is complete or in the event of a client that failed to show.
If a participant is scheduled to receive Personal Training Services or Massage Services with the Trainer/Therapist, whether they have already paid or not yet paid, the following terms of service and waiver apply without exception.
LIMITATION OF LIABILITY
- Acceptance of Terms.
- These Terms sets forth legally binding terms for the provision of our Services. By confirming and accepting the Services, you agree to be bound by these Terms and consent to this agreement electronically. If you do not accept these Terms, you should avoid or immediately discontinue use of the Services.
- We may modify these Terms from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to the Terms when you use the Services after any such modification is posted. It is therefore important that you review these Terms regularly.
- We reserve the right to suspend or terminate your personal account with us for your breach of any of the Terms hereof. In the event of your suspension or termination of the Services, any provision herein providing for our Disclaimer, Limitation of Liability, Indemnification, or Arbitration shall survive.
- Your Representations and Warranties.
- You represent that you are at least the legal age of nineteen (19) to form a binding contract and are not a person barred from receiving the Services under Canadian law. If you are not 19 years of age or older and no younger than 16 years of age, your parent or legal guardian must confirm that they have read, understood and agree to all of the Terms, conditions and waivers contained in this agreement. All minor participants will be asked to execute a Minor’s Authorization Form provided by the Trainer/Therapist and executed by at least one legal guardian of such minor participant. We do not work with clients under the age of 16, unless special circumstances require it, such as if the underage client is a professional athlete.
- You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our Medical Health History Intake Questionnaire provided on our Website (the “Registration Data”) and (b) promptly update any of your Registration Data with us to keep it true, accurate, current and complete.
- If you provide any personal information or medical health history that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is intentionally stated as untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate the Services to you and to refuse any and all current or future use of the Services at any time.
- You represent and warrant that you are physically fit and have no medical condition which would prevent you from participating in the Services. It is your responsibility to consult with a physician prior to and, if necessary, during your participation in the Services. If you answer YES to any questions posed in the Physical Activity Readiness Questionnaire (“PAR-Q”), you acknowledge that you require written permission from a physician to proceed with our Services.
- Personal Training Services
- Personal Training Services are charged per training session or per package of training services at the rates currently posted on our Website. Any training services purchased as a package must be used within six (6) months of the first training session scheduled with one of the Trainer/Therapist, with exceptions made in the event of your illness or other extenuating circumstances. You must pay for any Personal Training Services in advance of your first scheduled training session via our Website by credit card or e-transfer to email@example.com, whether such session is in person or provided over video-conferencing software. If a client fails to provide adequate notice of cancellation in accordance with paragraph 4.2 herein for an already scheduled Personal Training Session with one of our Trainer/Therapist, a refund will not be available.
- Physical Testing. Participants in the Services may be asked to complete any of the following: physical fitness tests, aerobics, cardiovascular training, strength training and other fitness and muscle conditioning or stretching. Personal Training Sessions are each one (1) hour long. The Trainer/Therapist will create a training program catered to each client’s fitness level and experience. You agree to the Release of Liability Waiver, Indemnity, Assumption of Risk, COVID-19 and Consent of paragraph 8 before proceeding with any Personal Training Services.
- Cancellation of a Personal Training Session. You agree to notify us of your wish to cancel a scheduled Personal Training Session by email to firstname.lastname@example.org no less than twenty-four (24) hours before the start of any scheduled training session. Failure to provide twenty-four (24) hour advanced notice of cancellation will result in you being charged the full rate for the missed session.
- Massage Services
- Massage Services are charged per Massage Session at the rates currently posted on our Website. You must provide your credit card information in advance of any scheduled Massage Session and you will be charged upon completion of the massage. You agree to the Release of Liability Waiver, Indemnity, Assumption of Risk, COVID-19 and Consent of paragraph 8 before proceeding with any Massage Therapy Service.
- Our Massage Services are most-often provided as a supplement to our Personal Training Services and thus our massage service providers are not necessarily also a Registered Massage Therapist (“RMT”). If you require an RMT, a specific request must be made and we will do our best to accommodate. At this time, we do not make any guarantees that an RMT will be available upon every request.
- Cancellation of a Massage Session. You agree to notify us of your wish to cancel a Massage Session by email to email@example.com no less than forty-eight (48) hours before the start of any scheduled Massage Session. Failure to provide forty-eight (48) hour advanced notice of cancellation will result in you being charged the half-rate for the missed session.
- Our Cancellation, Credits and Refunds
- In the event of our cancellation of any scheduled Personal Training Session or Massage Session with you, we will immediately reschedule the session to an alternate time that works best for you. If an alternate time is not immediately available, we are happy to offer you full credit for any future Service from us.
- Unless the circumstances reasonably require a full refund of payment, we do not offer refunds to any clients for any reason. If a full refund is requested, we will take into consideration each client’s unique circumstances and in our sole discretion we will offer such client either i) a credit for future Services or ii) a full refund for the paid Services.
- YOUR PARTICIPATION IN THE SERVICES OR ANY FITNESS PROGRAM OR INSTRUCTION PROVIDED BY US IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Without limiting the aforementioned disclaimer, ReAlignment Lab makes no guarantees, representations or warranties concerning:
- The availability of the Trainer/Therapist at a particular day or time;
- The content of instruction for any audience and for any particular purpose;
- Any particular outcome or expected result of a client receiving the Services;
THE FOLLOWING TERMS REQUIRE YOUR COMPLETE UNDERSTANDING AS IT ENTAILS YOUR WAIVER OF CERTAIN LEGAL RIGHTS AND YOUR ACKNOWLEDGMENT OF THE RISKS INVOLVED WHEN PARTICIPATING IN BOTH OUR PERSONAL TRAINING AND MASSAGE SERVICES. PLEASE READ CAREFULLY.
RELEASE OF LIABILITY WAIVER, INDEMNITY, ASSUMPTION OF RISK, COVID-19 AND CONSENT
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALIGNMENT LAB, ITS EMPLOYEES, CONTRACTORS, VOLUNTEERS, AGENTS OR INSURANCE CARRIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND ANOTHER CLIENT OF THE SERVICES; OR (III) DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU TO REALIGNMENT LAB OVER THE TWELVE (12) MONTHS PRECEDING THE FILING OF YOUR CLAIM.
- These limitations apply to all claims of any nature, whether based on warranty, contract, tort or other legal theory, whether or not ReAlignment Lab has been informed of the possibility of such injury or damage and whether a remedy is found to be insufficient to compensate the party suffering a loss.
Dispute Resolution and Legal Fees. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall first be resolved by way of a mediation. If a resolution cannot be reached in mediation, the dispute shall be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.
Legal and Binding Contract.Your agreement to these Terms forms a legal and binding contract between you and the Trainer/Therapist doing being as ‘ReAlignment Lab’.
If any provision of these Terms is be held to be invalid or unenforceable for any reason, including the terms of paragraph 8 (Release of liability waiver, Indemnity, Assumption of Risk, and Informed Consent), the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the drafter’s intentions as reflected in the provision, and all other provisions of these Terms remain in full force and effect.
Applicable Law. These Terms shall be governed and construed in accordance with the laws of British Columbia without giving effect to any conflicts of laws provisions.
YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND THAT YOU ARE SATISFIED WITH THE TERMS CONTAINED. YOU CONSENT TO THESE TERMS ELECTRONICALLY, AS DEMONSTRATED BY YOUR CONFIRMATION OF A SCHEDULED PERSONAL TRAINING SESSION OR MASSAGE SESSION WITH US.
- Waiver and Release of Liability. In consideration of participating in the Services, you, your heirs, personal representatives or assigns hereby release, waive, discharge and covenant not to sue the Trainer/Therapist, their employees, contractors, volunteers, agents or insurance carriers (“connected parties”) for any and all legal claims arising from your participation in any of the Services, presence at our facilities or you following any recommendations provided by the Trainer/Therapist or their connected parties, including nutritional and dietary recommendations and any legal claim based on negligent act(s) or omission(s).
For purposes of greatest certainty, this waiver applies to i) personal injury and sickness (including death) from accidents or illnesses (including Covid-19) arising directly or indirectly from your participation in the Services, presence at our facilities or any other actions that we instruct and/or suggest to you, including your performance of the exercises and stretches in your own time at home or otherwise; and to ii) any and all claims resulting from the damage to, loss of, or theft of your property.
- You agree to hold harmless and indemnify the Trainer/Therapist and their connected parties from any liability and all legal claims, demands, damages, losses and costs (whether initiated by you or by a third party) and to reimburse the aforementioned parties for any expenses incurred, including any court costs and lawyer’s fees, which are connected with the Trainer/Therapist and their connected parties’ defence of a legal claim made by you or a third party arising from your unauthorized use of the Services; your breach of these Terms; violation of any law or third-party right; any content that you upload or submit to us; or your participation in the Services.
- Assumption of Risks. Fitness, health and mobilization training services, by their very nature, carry with them inherent risks and dangers regardless of the care a personal trainer or a massage and mobilization therapist take to prevent injuries. The Services offered by the Trainer/Therapist include, but are not limited to, weight lifting, cardiovascular training and aerobics, stretching, joint mobilization, RMT massage and other conditioning Services. Some of the instructed Services involve strenuous exertions of strength using various muscle groups, some involve quick movements requiring speed and swift changes of direction, and others involve sustained physical exertion that places a certain amount of stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risks range from 1) occasionally occurring minor injuries such as scratches, bruises, muscle strains, and sprains to 2) rarely occurring major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks to 3) the very rare occurrence of catastrophic injuries including paralysis and death.
- COVID-19. Due to the novel coronavirus, for the next foreseeable future, face-masks shall be mandatory at our facilities. Under no circumstances shall participants in our Services enter our facilities upon experiencing any of the following symptoms: fever, chills, cough, shortness of breath, sore throat, stuffy/funny nose, excessive sneezing, loss of smell, headache, vomiting, fatigue, loss of appetite and/or diarrhea. By confirming any Services with us at our facilities, you admit that:
- you are not experiencing any of the above symptoms;
- you have not been diagnosed with COVID-19 in the past 30 days;
- you have not knowingly been exposed to anyone confirmed with COVID-19 in the past 14 days;
- you have not travelled outside the province or country within the past 14 days; and
- you have not been to any events or socialized in groups of 50 or more people in the last 14 day.
- Consent to Massage. Before you confirm any Massage Session with us, it is imperative that you understand and fully consent to the following:
- that massage therapy is provided for stress reduction, relaxation, relief from muscular tension, and improvement of circulation and energy flow;
- that under no circumstances is the Trainer responsible for any pain or discomfort you experience during or after the session;
- that if any pain or discomfort during a Massage Session is experienced, the Trainer must immediately be informed so that pressure/strokes can be adjusted to your level of comfort;
- that Massage Services are never a substitute for medical care;
- that the Trainer is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness;
- that all known medical conditions and injuries have been shared with the Trainer before commencing the massage;
- that you must inform the Trainer of any changes in your health or medical condition and that there shall be no liability on the Trainer’s part should you forget to do so;
- that our Massage Services are entirely therapeutic and never sexual in nature;
- that our Trainer/Therapist are not all qualified Registered Massage Therapists and that a specific request for an RMT (if available) must be made by you; and
- that in confirming Massage Services with the Trainer/Therapist, you hereby waive and release the Trainer/Therapist from any and all liability, past, present, and future relating to massage therapy or recommended self-massage therapy techniques
- INFORMED CONSENT AND ACKNOWLEDGEMENT. BEFORE PARTICIPATING IN ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ THE PREVIOUS PARAGRAPHS THOROUGHLY, THAT YOU UNDERSTAND THE NATURE AND PHYSICAL DEMANDS OF THE SERVICES INVOLVED (RELATIVE TO YOUR PHYSICAL CONDITION AND SKILL LEVEL), THAT YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO INFORM US OF ANY PAIN, PRE-EXISTING MEDICAL CONDITIONS or COVID-19 SYMPTOMS, AND THAT YOU APPRECIATE THE RISKS OF INCURRING INJURIES OR PROPERTY DAMAGE FROM YOUR PARTICIPATION. YOU AGREE THAT YOUR PARTICIPATION IS VOLUNTARY AND THAT YOU KNOWINGLY, WILLINGLY AND EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE TRAINERS AND THEIR CONNECTED PARTIES AND ASSUME ALL RISKS ASSOCIATED WITH THE SERVICES.
- YOU ALSO UNDERSTAND THAT THE TRAINER AND ANY STAFF OF REALIGNMENT LAB CANNOT COMPLETELY CONTROL THE SPREAD OF COVID-19. BY ENTERING OUR FACILITIES, YOU ARE CHOOSING TO ENTER AT YOUR SOLE DISCRETION AND CONSENT TO RECEIVE OUR SERVICES WHILE ACKNOWLEDGING THE INHERENT RISKS OF CONTRACTING COVID-19 IN ANY PUBLIC SPACE.