Terms, Conditions, & Policies
Taxes: Taxes are applied to all classes, packages, and one on one sessions based on the province of Ontario, Canada.
Cancellation Policy:
Group Classes
In order to adequately plan for class availability, Phat Fitness requires a minimum of 12 HOUR notice of cancelling a class reservation. A class reservation that is cancelled with less than 12 hours will be considered late and the service booked will be appropriately charged as if the member had attended. In the event of an emergency. 1 HOUR notice is accepted and the charged fee will be applied to the following class or next session.
Personal Training Services
Phat Fitness commits to providing Services and therefore commits to the costs associated to providing said Services. As such, the Participant / Client understands that cancelling beyond 12 hours ahead of an appointment or simply failing to participate in provided Services does not allow Phat Fitness to recoup costs associated with providing the Services. Therefore it is understood that Client forfeits any claim for a refund due to the late cancellation. Phat Fitness may, at its sole discretion, offer an alternate service if it feels that exceptionally extenuating circumstances prevented the Client from attending such Services.
No-show
Any reservation — class, appointment, or otherwise — for which a client does not show up, will be charged the same as a late cancellation. Repeated no-shows from a client will result in a refusal of services, training, and classes
Liability Release:
TO: Phat Fitness (the “OPERATOR”) and THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT USED IN FITNESS PROGRAMS, and their respective directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (collectively the “RELEASEES”)
DEFINITIONS
In this Agreement the term "TRAINING" shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Operator including but not limited to: yoga; aerobics; dance; weight training; personal training; use of strength training and fitness conditioning equipment, and facilities; nutritional and dietary programs; orientation or instructional sessions or lessons; and all other such related activities.
ASSUMPTION OF RISKS
I am aware that my participation in training involves many risks, dangers and hazards, which could result in damage, loss or physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:
• Health: overexertion, dehydration, fatigue, lack of fitness or conditioning.
• Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, equipment or persons.
• Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.
• Advice: negligent advice regarding fitness programs.
• My conduct and conduct of other persons: I acknowledge that such conduct, including my negligence and negligence of other persons, including NEGLIGENCE ON The PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect me from the risks dangers and hazards of fitness programs, some of which are referred to above.
Despite the risks, dangers and hazards of training, and fully understanding such risks, dangers and hazards, I wish to participate in training with the Operator, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in training and permitting my use of their or my equipment, facilities and services, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next-of-kin may suffer as a result of my participation in fitness programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
• negligence on the part of the Releasees;
• breach of contract by the Releasees;
• breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;
• breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.O. 1990, c. 0.2, on the part of the Releasees; and
• the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of fitness programs, some of which are referred to in the Assumption of Risks section of this Agreement.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in fitness programs.
3. This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
SAFETY
I am familiar with the proper use of the equipment. I am aware that there is a fitness instructor available to answer any questions I may have as to the proper use of the equipment.
In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of fitness programs other than what is set forth in this Agreement.
INSURANCE: I am aware that the Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in training.
JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and I agree to attorn solely to the jurisdiction of the Courts of the Province of Ontario. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
Purchase Policy:
Participant has the rights set out in Section 23.3 of the Ontario Consumer Protection Act to cancel this contract in accordance with Section 23.4 of said Act.
Terms & Conditions:
Phat Fitness commits to providing Services in a timely and professional manner. Should circumstances beyond our control prevent us from providing Services, every reasonable effort will be made to notify Participant as soon as it is known via email, text, or phone call. Phat Fitness reserves the right to substitute classes or cancel them outright if necessary.
The Participant understands that classes are subject to minimum and maximum requirements. Classes may be cancelled if a minimum number of participants have not registered for classes and members may be denied entry if registrations are at maximum based on safety and equipment requirements.
For clarity, classes are offered at Phat Fitness' discretion and are not a membership.
Participant certifies that they have completed a PAR-Q form available online or in person before training with Phat Fitness. The Participant has answered "No" to all questions or they have been granted permission from Phat Fitness to participate in Services based on a more thorough health assessment.
Participant understands and consents to the collection of personal information, as described by the Privacy Policy.
Privacy Policy:
Identifying Purposes
Phat Fitness will identify the purposes for which personal information is collected by us at or before the time the information is collected.
Personal Information
Personal information is information that can be used to identify and/or contact you as an individual. This includes such information as your name, e-mail address, mailing address, telephone number, banking information, credit card number, your likeness and the like.
Security Camera Images
Phat Fitness has security cameras positioned inside the studio facing outward towards the doors and windows. These cameras are intended solely for the security of staff and for loss-prevention. Most of the studio floor is out of camera view. Video is retained on a rolling window timeframe and is deleted if the video is not needed. Phat Fitness may provide police services access to video necessary to their duties or as is otherwise legally compelled.
Promotional Video/Photos
Phat Fitness occasionally will capture video or photos of members participating in studio or at social events. These media captures are sometimes used in Social Media to promote activity and the social nature of the studio and are intended to portray members in a complementary light and not to upset them. Most media captures are knowingly staged however we endeavor to never embarrass or upset people captured in images. To that end, Phat Fitness strives to avoid using video or images captured that subjects of said media wish to keep off of Social Media.
Your File: Personal information is the information that relates to you, that identifies you as a member or client of Phat Fitness, and that allows us to provide services directly to you. We ask you for your personal information so that we can:
Understand your needs;
Establish and maintain communication with you;
Determine your admissibility for our products and services;
Invoice for services;
Process credit card payments;
Inform you about our products and services, that we believe may be of interest to you;
Invite you to participate in member surveys or other opinion gathering devices; or
Comply with the law.
You can choose to provide us with some or all of your personal information. However, this choice may prevent us from providing you with the product, services or information that you requested or that could be offered to you.
We may also combine you personal information with that of other individuals to create aggregate data which we will use to, for example, improve our products and services and develop new ones. Aggregate data is general information about groups of customers but not about you as an individual.
Consent
Your knowledge and consent is required for the collection, use, or disclosure of your personal information. We only collect, use or disclose personal information for the purposes we believe you would consider appropriate under the circumstances. When you participate in a service of Phat Fitness, we will use your name and address for general mailing and renewal purposes. We believe you would also expect us to contact you to advise you of new and existing services and benefits that may be of interest to you. From time to time, we will inform you of such services and benefits via direct marketing. Direct marketing material is usually delivered to you by mail, telephone or electronic means. Pictures and video may be taken within the premises and at social events for use in Social Media posts, including Facebook, Instagram and Twitter. Should anyone wish to have their likeness removed, they can submit a request in writing to Local Motion Fitness and we will remove it as soon as practicable.
Third Party Disclosure: Phat Fitness is not in the business of selling member information to others. Phat Fitness contracts with trusted companies, including Squarespace and Trainerize, to act on our behalf to fulfill certain functions. The names, addresses and telephone numbers of our customers may be transmitted to a trusted third-party mailing service in order to inform you of products and services that we offer and that we believe may be of interest to you.
Except as set out in this policy, or as required by law, Phat Fitness does not sell or disclose any of your personal information to any other organization and Phat Fitness will not transmit personal information to third parties without first obtaining your written consent to do so. Phat Fitness may, however, disclose information in the following cases:
to our lawyer;
to a police force, if required by law;
to a person authorized by a law or collective agreement;
to a government agency which can oblige us to do so;
in emergency situations in which life, health or safety of a member is in danger;
to all other persons authorized by law;
to an agent retained by Phat Fitness in connection with the collection of your account;
to a person who, in the reasonable judgment of Phat Fitness, is seeking information as your agent; or
to a third party or parties, where the member or customer consents to such disclosure.
Limiting Collection: We only collect the information that we need in order to deliver services and benefits to you. We do not use techniques to collect information about you without your knowledge.
Limiting Use, Disclosure, and Retention: We do not use or disclose your personal information for any purposes other than those for which it was collected, except with your consent or as required by law.
Retention: Your personal information is retained only as long as necessary for the fulfillment of those purposes. Phat Fitness does not keep your personal information if it is no longer needed for the purposes required or as required by law.
Accuracy: Your personal information is kept as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
Safeguards: We protect your personal information by using safeguards that are appropriate to the sensitivity of the information. Squarespace management software uses industry-standard security principles to protect information stored on their servers.