Terms & Conditions

Effective Date: September 30, 2017

Congratulations on becoming a Freedom Fit Pass member! You’re on your way to a healthier version of you! Through your FFP membership, you have joined a great community of like-minded people and have restriction free access to your city’s top fitness studios. We hope you enjoy all the lifestyle benefits of your Freedom Fit Pass membership!

I. Acceptance and Eligibility

Please read these Terms of Use (“Terms”) carefully before using the FFP Platform.

These Terms include FFP’s [Privacy Policy], which is incorporated by reference into these Terms.

Acceptance of Terms. These Terms constitute a binding agreement between you and Freedom Fit Pass Inc. and its affiliates (“Freedom Fit,” “FFP,” “We,” Us”). “You” and “Users” means all visitors to the FFP Platform. You accept these Terms each time you access the FFP Platform. If you do not accept these Terms, you will not be permitted to use the FFP Platform.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. Your continued use of the FFP Platform after a change to these Terms constitutes your binding acceptance of these Terms so please visit this page periodically to review the most current Terms. The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the FFP Platform.

Children. No part of the FFP Platform is directed to children or minors. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the FFP Platform under the supervision of a parent, legal guardian, or other responsible adult who will be required to execute any requisite waivers at participating studios.

II. The FFP Platform

The FFP Platform is defined as any website, mobile application, or Internet service under FFP’s control, in whole or in part, in connection with providing the FFP membership services. The FFP Platform is a membership service that allows members to book fitness classes at various third party participating gyms and studios (“Studios”) through FFP in accordance with instructions provided by FFP. FFP itself is not a gym, fitness studio or fitness service provider and does not own, operate, oversee, monitor or control any of the classes, services or facilities accessible through the FFP Platform. You understand and agree that FFP is in no way affiliated with any Studio on the FFP Platform and takes no legal responsibility for your experience at a Studio or your participation in any fitness classes. You understand that all fitness programs should be cleared by a medical professional before participating and that it is your responsibility to ensure you are medically fit to participate in any fitness class that you book through the FFP Platform. It is your sole responsibility to ensure that any Studio classes or instructors meet your medical and personal requirements and it is also your responsibility to comply with any Studio rules, regulations, policies and standards of conduct. You understand that FFP takes no responsibility for any loss or damage you may incur as a result of you attending at the Studio or participating in any fitness classes at the Studio.

FFP offers a number of different membership packages. Please visit our website for membership package details and applicable restrictions. At any time, and for any reason, we may change the types of membership packages, the pricing of our membership packages or provide a promotional discount or other consideration to some or all of our members; the amount and form of such consideration is at our sole and absolute discretion. In addition, at any time, and for any reason, the Studios that are accessible through the membership and the class inventory available through the membership are subject to change without notice, including during the course of any given membership package.

Any FFP membership package is non-refundable, non-transferable, and may not be gifted or shared.

Monthly Billing. By purchasing a FFP membership, you authorize us to bill your first month immediately with the payment information provided and charge you every month at the then current rate or offered promotional rate, unless your membership is canceled as set out below. Each FFP membership cycle is one month in length beginning on the date of purchase, and will automatically renew on the same day each month unless purchased on the 31st of the month in which case you will be charged on the last day of the month, regardless of how many days are in the month. For example, if you purchase your FFP membership on October 15th, your membership will auto-renew on November 15th. If you purchase your membership on October 31st, your membership will auto-renew on November 30th. We reserve the right to change the timing of your billing if there are issues with the settlement of your payment due to expiration, insufficient funds or otherwise, or changes to your membership. FFP reserves the right to change its billing policies, including when fees are charged; to introduce addition fees and to change the amount of any such fees at any time.

Membership Cancellation. You may cancel your membership at any time by going to your account on the FFP website, logging into your account and clicking cancel. All payments are nonrefundable and there are no credits or refunds for partially used membership periods. Following any cancellation, you will continue to be able to reserve classes through the end of your current billing period.

Studio Classes. As a FFP member, you are able to search for classes and Studios and view information about class types and times, instructor information, as well as Studio location and other related information. As stated more fully elsewhere in these Terms, FFP makes no representations as to the quality or nature of the Studios, instructors or classes accessed through the FFP Platform. The FFP Platform requires third-party service providers to provide information about the Studios and classes and to provide scheduling and booking services, and Studio and class information is subject to change, without notice.

FFP Fitness Concierge. As a FFP member, you will receive a complimentary consultation with an FFP Ambassador who will make Studio and class suggestions based upon your tastes and personal fitness goals. You understand that such consultation does not constitute medical advice nor personal training advice. It is your responsibility to consult with any and all medical, nutritional or fitness professionals prior to embarking on any new fitness regime.

Studio Account Set-Up. Prior to booking and attending a class, FFP members are required to set up their FFP account with their Studios of choice either by phoning the Studio or attending in person. Upon completion of all requisite Studio on-boarding requirements, including informational forms and waivers, FFP members may reserve Studio classes via telephone, attending at the Studio or booking on-line in accordance with instructions provided by FFP.

On-Line Booking. As stated above, the FFP Platform relies on an external service provider to provide members with on-line class booking capability. Once FFP members are set up at their Studios of choice, they can download the MINDBODY app or log onto individual Studios’ websites to access on-line booking capability. Upon purchasing an FFP membership, FFP members will be provided with a detailed “Welcome” email providing all relevant information, including Studio account set-up and on-line booking instructions.

Class Reservations. FFP members may reserve up to the total number of classes per month permitted under the membership package purchased. Any unused reservations in a given month will not roll over to the next month and will expire. At the beginning of the next monthly billing cycle your total allowable classes per your membership package will be renewed.

Class Reservation Period. Classes can be reserved in advance in accordance with reservation policies in place at the various Studios. Some Studios may have shorter reservation windows which are subject to change on a per Studio basis. FFP makes no guarantee of the availability of classes or instructors available for reservation at the Studios, and the Studios accessible through the FFP Platform are subject to change without notice.

Other Fees. In addition to your FFP membership fees, Studios may also charge equipment rental fees or other amenity or service fees that are not included in regular class fees. Third party internet and communications providers may charge fees associated with connecting and using the FFP Platform. FFP membership fees do not cover any of these other fees and User will be solely responsible for any such fees.

Class Cancellation and No Show Policies. Class cancellation policies vary by Studio, from 1 to 4 hours prior to class start times. Exact times are listed on Studio schedule pages and class confirmations on the FFP Platform. If a class reserved with your FFP membership at a Studio and is not canceled within the Studio’s specified cancellation period, you will be subject to a late cancel fee charged by the relative Studio. Members are responsible for paying specified cancellation fees to FFP Studios for not canceling reservations within the allowable cancellation period. Charges vary and can be found on the Studio website or Studio Pages on freedomfitpass.com. Members should contact support@freedomfitpass.com with any cancellation issues and special requests may be reviewed on a case-by-case basis. FFP reserves the right to suspend or terminate your account and prevent access to the FFP Platform if you repeatedly violate cancellation policies. Cancellation policies and fees are subject to change.

Communications from FFP. By creating an FPP account, you agree to receive certain communications in connection with the FFP Platform. For example, you might receive feedback requests and class reservation and cancellation confirmations. You will also receive our FFP e-mail newsletter from time to time. You can opt-out of non-essential communications at any time by unsubscribing.

Termination or Suspension by FFP. You agree that FFP, in its sole discretion, at any time and for any reason (including non-payment of fees or breach of these Terms) may terminate, deactivate or suspend your access to the FFP Platform and your ability to book fitness classes at Studios as an FFP member. FFP will use reasonable efforts to provide prior notice to you of any such termination or suspension but you understand and agree that a termination or suspension of your access to the FFP Platform or any account or membership package you may have may be effected with or without notice if immediate action is required to prevent illegal or fraudulent activity or any other activity that FFP, in its sole discretion, deems to be inappropriate or presents business or reputational risk to FFP.

III. FFP’s Content Ownership and Prohibited Uses

The contents of the FFP Platform include: designs, text, graphics, images, photographs, video, information, FFP logos and marks, software provided by third party licensors, audio files, computer code, and all other elements of the FFP Platform provided by FFP (collectively, “FFP Content”). All FFP Content and its compilation is the exclusive property of Freedom Fit Pass Inc. and its third-party licensors and is protected under copyright, trademark, and other laws. You agree not to sell, license, distribute, copy, modify, display, transmit, publish, edit, create derivative works form or otherwise make unauthorized use of the FFP Content. You understand and agree that you will not obtain, as a result of your use of the FFP Platform, any right, title, or interest in or to such content delivered via the FFP Platform or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) therein.

License to You. FFP authorizes you, subject to these Terms, to access and use the FFP Platform and the FFP Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the FFP Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.

Prohibited Uses. You agree to use the FFP Platform solely for its intended purpose and in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the FFP Platform are prohibited. You may not:

  1. Aggregate, copy, or duplicate any FFP Content;
  2. Use data mining, robots, or other data gathering devices on the FFP Platform;
  3. Remove, disable, damage, circumvent, or otherwise interfere with the security or functionality of the FFP Platform;
  4. Gain unauthorized access to the FFP Platform;
  5. Attempt to reverse engineer, or reverse engineer the FFP Platform;
  6. Frame or link to the FFP Platform without permission;
  7. Attempt to or submit a virus to the FFP Platform;
  8. Take any action imposing an unreasonable or disproportionately large load on FFP’s infrastructure;
  9. Attempt to or obtain unauthorized access to other Users’ accounts;
  10. Sell, transfer, or assign any of your rights to use the FFP Platform to a third party without the express written consent of FFP; or
  11. Use the FFP Platform in an illegal way or to commit an illegal act.

IV. Your Profile and Log-In Credential Information

To use the FFP Platform, you will need to log in with your FFP membership credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree that all information to provide to FFP on registration for FFP membership is accurate, complete and current. You agree to notify us immediately if your account information changes, if You believe the confidentiality of your login credentials or account information has been compromised or if you suspect unauthorized use of your account. You agree that FFP will not be liable for any loss or damage arising from unauthorized use of your credentials.

FFP reserves the right to suspend or terminate your account and prevent access to the FFP Platform for any reason, at its discretion and without prior notice. The right to suspend or terminate your account and prevent access to the FFP Platform is not the sole remedy we may pursue, and we may pursue other rights and remedies. FFP will not be liable to you or any third party for any such termination. These remedies are in addition to any other remedies FFP may have at law or in equity.

V. Privacy

Your privacy is important to FFP. Please see the FFP Privacy Policy which is incorporated by reference into these Terms of Use. In addition, you specifically understand and agree that FFP may share data including your personal or log-in information with the Studios as necessary to enable a seamless booking process of Studio classes and FFP will not be liable for any breach of confidentiality as a result thereof.

VI. FFP’s Liability

Credit Card Payment. FFP may process credit card payments or use third-party service providers to facilitate credit card payments for membership purchases or class reservations and FFP disclaims all liability associated with the security of credit card transactions.

Reservations. FFP reserves the right in its sole discretion to refuse to provide class booking capability and may cancel reservations and FFP shall not be liable for this refusal or cancellation.

Studio and Content Accuracy. FFP makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the FFP Platform, including data and information from Studios such as class times, instructors, locations, and descriptions. FFP makes no representations and disclaims all liability for how and whether Studios, classes, and other services are categorized and displayed on the FFP Platform. Use the FFP Platform at your own risk.

Third-Party Websites and Links. From time to time FFP may offer membership benefits or promotional plans in connection with local, third-party businesses and the FFP Platform may include links or interact directly with third-party websites and applications. You are responsible for evaluating whether you want to access or use them. FFP is not responsible for and does not endorse any features, content, advertising, advice, products, or other materials on other websites or applications. Your correspondence or business dealings with or participation in promotions of advertisers or business found on or through the FFP Platform are solely between you and them. You assume all risk and FFP disclaims all liability arising from your use of any third-party websites and any products, advice or services provided therein.

Health Problems or Injuries. Neither the FFP Platform nor the FFP Fitness Concierge provides any professional health or medical advice and does not make any determination of whether you have the physical capability to participate in a particular class. You agree to participate in any fitness class at your own risk, and FFP is not liable for any injuries or other health or medical problems that may result from your participation in a fitness class suggested by the FFP Fitness Concierge or discovered or reserved through the FFP Platform or FFP membership. Additionally, FFP makes no promises and disclaims all liability for specific results from the suggestions made by the FFP fitness concierge or any classes, programs or services you obtain through the FFP Platform or FFP membership.

1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE FFP PLATFORM IS AT YOUR SOLE RISK, FREEDOM FIT PASS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FFP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE FFP PLATFORM, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) FFP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE FFP PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE FFP PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FFP PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, STUDIO CLASSES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE FFP PLATFORM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FFP PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. FFP EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH PUSH NOTIFICATIONS TO MOBILE DEVICES.

2. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FFP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THESE TERMS, YOUR USE OR YOUR INABILITY TO USE THE FFP PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE FFP PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FFP PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE FFP PLATFORM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

You further agree and understand that FFP has no liability for the loss of any information you may choose to store in your FFP account, your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.

You agree to defend, indemnify, and hold harmless FFP, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal fees, alleging or resulting from (i) your use of the FFP Platform, the FFP Fitness Concierge or any FFP Content, (ii) any action or omission by you in connection with the FFP Platform; (iii) your attendance at any Studio or your participation in any fitness classes offered by a Studio; or (iv) your breach of these Terms or any applicable law or regulation.

VII. General Terms

These Terms constitute the entire agreement between you and FFP concerning your FFP membership and use of the FFP Platform. These Terms shall not be modified except in writing signed by both parties, or buy a new posting of these Terms of Use issued by FFP on the FFP Platform. The failure of FFP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 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 parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any rights or licenses granted hereunder without the express written consent of FFP; however, FFP may assign these Terms without restriction in connection with a sale or re-organization of FFP. In such a case, you will be provided with notice thereof. These Terms of Use are governed by the laws of the Province of Alberta without regard to its conflict of law provisions, and the parties hereby attorn to the jurisdiction of the courts of Alberta. The parties agree to submit any disputes under these Terms or relating to the User’s use of the FFP Platform to arbitration. Any such arbitration shall be conducted in the City of Calgary in the province of Alberta under the Alberta Arbitration Act.

 

Contact Information

Freedom Fit Pass Inc.
1600, 421 7th Avenue SW
Calgary, AB, T2P 4K9
support@freedomfitpass.com

 

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