TERMS OF SERVICE
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND HUSTLE. PLEASE READ CAREFULLY BEFORE USING THE HUSTLE WEBSITE OR SERVICES.
Last Updated: JANUARY 18, 2019
These Terms of Service (“Terms of Service”), including the Participant Agreement attached as Schedule “A” to these Terms of Service (the “Agreement”) govern your relationship with Ulmer Price Fitness Ltd. (“Hustle”, “our”, “us”, “we”), including, but not limited to your use of the Hustle website located at www.hustleup.ca (the “Site”), your booking and purchase of Hustle Passes or Packages, your right to cancel any purchases of Hustle Passes or Packages, your purchase of merchandise and apparel, your communication with Hustle, your use of and attendance at Hustle studios (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).
If you choose to purchase Hustle Passes or Packages online, Schedule “A” to this Agreement sets out the rights you are entitled to under consumer protection laws to cancel that purchase.
When you visit or use our Site, or communicate with Hustle via email, you are communicating electronically. You will receive communications from Hustle electronically in accordance with the consent that you provide to us. Hustle will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that Hustle provides electronically, satisfy any legal requirement that such communications be in writing.
We may modify, revise or update the Terms of Service at any time by updating this posting. Each time you use the Site, the version of the Terms and Conditions then posted will apply to that use, so you should check this page each time you use the Site.
The contents of this Site are owned by Hustle or are made available to you by Hustle under license from a third party. While we are allowing you access to the Site, you acknowledge that your use of the Site is governed by applicable copyright, trademark or other intellectual property laws. You have the right to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of classes, making purchases, or other personal use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Hustle is strictly prohibited.
You agree that the contents of this Site may not be copied or scraped for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise. Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
The sender of any communications to this Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
Links to Other Websites
No Warranties / Limitation of Liability
The Site is provided on an “as is” and “as available” basis and you are using it at your own risk. We make no representations or warranties, express or implied, about the Site or its contents including, without limitation: any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.
In accessing this Site or any other you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access this Site in respect of any such potential risks.
In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of this Site, even if we have been advised by you of the possibility of such loss, damages or injury.
PURCHASING HUSTLE PASSES, PACKAGES & GIFT CARDS
In order to purchase Hustle Passes or Packages, you must first review and agree to the Participant Agreement attached as Schedule “A” to these Terms or Service.
Gift cards may be purchased in person at one of our studios or online by visiting the Site. You do not need to register a user account in order to purchase a gift card.
Registering a User Account
In order to purchase Hustle Passes or Packages, you must create a user account (“Account”) by selecting a username and a password. You agree and understand that you are responsible for maintaining the confidentiality of your username and password. Your username and password, together with any other user information you provide, form your “Profile Information” and allow you to access your Account. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Hustle immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation.
Use of the Site by Minors
If you are under the age of majority in the province in which you are using the Site (a “Minor”), Hustle does not accept the online registration by Minors; please do not attempt to register on the Site if you are a Minor. Registration of a Minor must be completed in person at one of our Studios with a parent or guardian. Minors who meet the minimum age requirement of sixteen (16) years old and whose parent or guardian has signed a waiver form in Studio, (as described in the Participant Agreement attached as Schedule “A”) may sign up for classes online.
Purchasing Hustle Passes, Packages and Gift Cards
You can purchase Hustle Passes or Packages in person at one of our Studios, by telephone or online on the Site. To purchase Passes or Packages online, you will first need to create an Account on the Site (as described above). If you are already registered, simply log in to your Account. You must also review and agree to the Participant Agreement attached as Schedule “A” to these Terms and Conditions.
In order to be eligible to book a participant, you must first purchase a Hustle Pass or Package. Once you buy your Hustle Pass or Package, you can then book a class online. The Hustle Pass or Packages offered at our Studios, as well as the current prices for Hustle Pass or Packages are described on our Site. Please note that Hustle Pass or Packages expire at different times; the expiration dates are set out in the Participant Agreement attached as Schedule “A”.
Prices for Hustle Pass or Packages are subject to change. However, Hustle will honour any Hustle Pass or Package that you have purchased, regardless of whether there has been a price increase since your purchase.
In addition to Hustle Pass or Packages, you can also buy gift cards. Gift cards do not expire. Once a Hustle Pass or Package is purchased using a gift card, the Hustle Pass or Package will expire, just like any other Hustle Pass or Package you buy. See the Participant Agreement attached as Schedule “A” for the expiration dates.
GENERAL TERMS OF SERVICE
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hustle, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of the Terms of Service. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
This Site is controlled and operated by Hustle from its offices in the Province of British Columbia, Canada. These Terms of Service are governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms of Service must be brought in Vancouver, British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.
These Terms of Service constitute the sole and entire agreement between you and Hustle with respect to the Site. The Terms of Service supersede any other agreement, whether oral or in writing, and render any other agreement regarding the Terms of Service of the Site null and void.
If any provision of the Terms of Service shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
You agree that this agreement is specifically enforceable by Hustle by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if Hustle does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Hustle has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to Hustle.
HUSTLE PARTICIPANT AGREEMENT
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND HUSTLE. PLEASE READ IT CAREFULLY.
This participant agreement (“Agreement”) is a legally binding Agreement between Ulmer Price Fitness Ltd. (“Hustle”, “our”, “us”, “we”) and you (“you” or “your”) and applies to and governs your purchase of a Hustle Pass or Package, your rights to cancel your purchase of Hustle Pass or Package, your booking of participants, your communication with Hustle, your use of and attendance at the Hustle studio(s), and all services we provide in connection with the above (collectively, the “Services”).
When you visit our website located at www.hustleup.ca (the “Site”), or communicate with Hustle via email, you are communicating electronically. You will receive communications from Hustle electronically in accordance with the consent that you provide to us. Hustle will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that Hustle provides electronically, satisfy any legal requirement that such communications be in writing.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of majority in your province of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your province of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
If you are at least sixteen (16) years old and under the age of majority in the province where you would like to attend a class at one of our Studios, you must have your parent or legal guardian read this Agreement and agree to it on your behalf in person at the Studio. We do not accept the online registration of individuals who are under the age of majority. Minors who meet the minimum age requirement of sixteen (16) years old and whose parent or guardian has signed a waiver form in Studio (as described below), may sign up for classes online.
Term of Agreement / Cancellation & Refund Policy
Hustle options will renew for 12 consecutive months unless cancelled by the participant. By purchasing a Hustle Pass, you agree to make the monthly payments as set out in the Hustle Pass description on the Site for the duration of the term of the Hustle Pass or until cancelled by yourself or at your request. There are no cancellations and no refunds of Hustle Pass payments, unless required by law (including as set out below under the heading “Your Cancellation Rights Under Consumer Protection Law”).
Each time you purchase a Hustle Pass or Package, you enter into a new Agreement with Hustle. You must enter into this Agreement before you can purchase any Hustle Pass or Package that costs more than $50. Hustle Passes or Packages must be prepaid. There are no cancellations and no refunds of participant payments, unless required by law (including as set out below under the heading “Your Cancellation Rights Under Consumer Protection Law”).
Hustle Passes may not be transferred or shared.
Participant Packages may be transferred or shared at your request.
Your Cancellation Rights Under Consumer Protection Legislation
The following applies if you have purchased and paid for in advance a Hustle Pass or Package for over $50:
You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the payment receipt, which acknowledges that you have read the Agreement, and the day all the Services are available. You do not need to give Hustle a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, in British Columbia you may contact the Consumer Protection BC.
To cancel this Agreement, you must give notice of cancellation to Hustle, at the address as set out in the Agreement, by any means that allows you to prove the date on which you gave notice.
If you cancel this Agreement within the 10-day period, Hustle has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Purchasing Hustle Passes and Participant Packages
In order to be eligible to book or attend classes, you must first purchase a Hustle Pass or Package. Once you buy your Hustle Pass or Package, you can then book a class. The Hustle Passes or Participant Packages offered at our Studios, as well as the current prices and expiration dates are attached as Appendix A to this Agreement and are described on our website located at www.hustleup.ca (the “Site”).
You can purchase a Hustle Pass or Package in person or online. To purchase online, you must create a user account on the Site as described in the Terms or Service, or if you are already registered, simply log in to your account.
Hustle Passes are valid from the first class booked (the Activation Date), until the same date of the next month when the Hustle Pass will renew unless cancelled. Hustle Passes expire according to the terms on the Site.
Participant Packages expire 36 months from the date of purchase. However, if such a situation were to occur where a Participant Package was expired with remaining participants, we could simply re-activate the package at your request.
In addition to Hustle Passes and Participant Packages, you can also buy gift cards as described in the Terms of Service. Gift cards do not expire. Once a Hustle Pass or Package is purchased using a gift card, the Hustle Pass or Package will expire as set out above.
Prices for Hustle Passes and Participant Packages are subject to change. However, we will honour any Hustle Passes and Participant Packages that you have purchased, regardless of whether there has been a price increase since your purchase.
We currently accept payment by cash, debit card, Visa, MasterCard and American Express. You must first pay for a Hustle Pass or Package in order to book a participant online.
Agreement of Release and Waiver of Liability & Acceptance of Risk
Please read carefully. This is a legal document that affects your legal rights.
Before beginning any services with Hustle, you must sign the Release of Liability Agreement, a link to which is found on the Site. By signing the Release of Liability Agreement, you will waive certain rights, including the right to sue, so please read it carefully and discuss with your attorney or advisors before signing.
Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that Hustle assumes no risk or liability for your participation in the activities and that you participate at your sole discretion and risk.
This Release of Liability Agreement (the “Release”) is executed in favor of Ulmer Price Fitness Ltd., a Vancouver based company, its members, officers, employees, independent contractors, volunteers, and agents (collectively, “Hustle”).
The Release is as follows:
In consideration of the permission to use the facilities, equipment, services, premises, products, instruction and advice provided at Hustle today and at any time in the future, I understand and agree to and freely, voluntarily and without duress execute this Release under all of the following:
Assumption of Risk.
I understand that any physical activity carries with it an inherent risk of injury. Exercise classes may involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training may involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I fully understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause or injury.
Waiver and Release of Liability.
I voluntarily and knowingly agree on behalf of myself, my spouse or partner, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and forever discharge and hold harmless Hustle, its directors, members, owners, employees, independent contractors, volunteers, agents, assigns, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or lawsuits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), negligent training or supervision, breach of duty, or any other theory of legal liability whether in law or in equity for any physical or emotional injury or illness suffered by me (including death) arising from my attending Hustle or using its equipment, facilities, services, products, and/or premises; and any damages to, loss of, or theft of my property.
Indemnification and Hold Harmless.
I agree of behalf of myself, my spouse or partner, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless Hustle and all others by voluntarily agreeing to pay all costs and attorney fees they incur in investigating and defending a claim or lawsuit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement) that Hustle are not liable for the injury or loss.
I understand that Hustle does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Medical Treatment. I hereby release and forever discharge Hustle from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with my use of the facilities, equipment, services, premises and products provided at Hustle.
I understand that it is my duty to visit with a doctor or health care provider before beginning any exercise routine or class at Hustle and that it is my responsibility to disclose any and all medical conditions or illnesses. Failure to do so does not create any cause of action against Hustle.
I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the province of British Columbia, and that this Release shall be governed by and interpreted in accordance with the laws of the province of British Columbia. I agree that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. Furthermore, I consent and agree to the jurisdiction of the courts of the province of British Columbia for any action arising out of or relating to this Release. I acknowledge and agree that a photocopy or digital copy of this Release will have the same force and effect as the original.
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to this Agreement must be brought in Vancouver, British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.
This Agreement constitutes the sole and entire agreement between you and Hustle with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement is specifically enforceable by Hustle by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if Hustle does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Hustle has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to Hustle.
If you have any questions about this Agreement, please contact us at the information below:
Ulmer Price Fitness Ltd.
Attn: Brent Price and Lucy Ulmer
Address: 229 Kingsway, Vancouver, BC, V5T 3J5