Terms & Conditions
Website Overview
This website is operated by Performance Culture Inc. Performance Culture (“we, our, us”) offers this website, including all information, tools and services available from this site to users who are browsers, vendors, clients, customers, merchants, subscribers, members, and/or contributors of content (“you”) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Terms and Conditions” and agree to be bound by the following, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, subscribers, members, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the website or use any services.
Any new features or tools which are added to our store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section One: General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Conditions, use of services, or access to the services or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section Two: Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services, and if such violation is considered severe enough, will result in legal action being taken.
Section Three: Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities, timeline, and are subject to return, exchange, or termination only in accordance to the “Return Policy” or “Termination Policy” of that particular product or service.
We have made every effort to display as accurately as possible the colors and images of our products, services, and premises that appear in the store or on our website. We cannot guarantee that your computer monitor’s display of any color, sizing, or quality will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors thereof will be corrected.
Modifications made to prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section Four: The Premises
We operate a commercial gym space providing Membership Packages, Mixed Martial Arts classes, Group Fitness and Sports Performance classes, Personal Training services, Physical Therapy services, and Nutritional services.
We provide registered members with the options of a Basic Membership, which allows access to the facility to exercise using the facilities equipment at your personal leisure, but does not include participation in any group classes or additional premium benefits; a Premium Membership, which allows both access to the facility to exercise using the facilities equipment and participate in all designated group classes; and a Trainer Membership, which allows access to the facility to take part in physical training with a registered sublessee trainer/coach under us, and to exercise using the facilities equipment at your personal leisure, and to be participate in all designated group classes set-up by us.
We additionally provide subleasing arrangements to small business and independent personal trainers/coaches, as well as physical therapists, with a commercial premises to operate their services.
Additional information about The Premises can be found at the bottom of our website.
Section Five: Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per group or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our “Return Policy” or “Termination Policy” in-which you agreed to based on the package, product, or service you purchased.
Section Six: Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website (including, the release of new tools and resources) as such time arises. New features and/or services shall also be subject to these Terms and Conditions.
Section Seven: Third-Party Links
Certain content, products and services available via us may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section Eight: User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Conditions or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section Nine: Personal Information
Your submission of personal information through the store is governed by our Privacy Policy in accordance with the Privacy Act (Alberta).
Section Ten: Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Conditions that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Conditions or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Conditions or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Conditions or on any related website, should be taken to indicate that all information in the Conditions or on any related website has been modified or updated.
Section Eleven: Prohibited Usage
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Conditions or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Conditions or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Conditions or any related website for violating any of the prohibited uses.
Section Twelve: Disclaimer of Warranties
We do not guarantee, represent or warrant that the use of our services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the services will be accurate, desired, or reliable.
While we fully believes in the quality, efficiency, importance, and practices of our products and services, specifically as it pertains to a client, customer, and member, you acknowledges that we are not to be held liable or responsible for the unguaranteed results of your stated objectives. We make no representations or warranties that the provision of any marketing, product, service, promotion of health and fitness, engagement in any specific activity or attainment to any other particular and/or specific results.
You expressly agree that your use of, or inability to use, the products and services offered is at your sole expense. All products and services delivered to you herein (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Performance Culture, its’ affiliates, employees, agents, representatives, successors, assigns, directors, officers, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured herein, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section Thirteen: Indemnification
You agree to indemnify, defend and hold harmless Performance Culture, its’ affiliates, employees, agents, representatives, successors, assigns, directors, officers, contractors, interns, suppliers, service providers or licensors; from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section Fourteen: Severability
If any provisions of these Terms and Conditions shall be held to be invalid, unlawful, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable as permitted by applicable law, and the unenforceable segment shall be deemed severed from these Terms and Conditions. If such that any provision of these Terms and Conditions 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.
Section Fifteen: Dispute Resolution and Legal Fees
In the event of a dispute arising out of these Terms and Conditions that cannot be resolved by mutual agreement, the two parties agree to refer the dispute to a mutually agreeable mediator for resolution. The costs of such mediator shall be split equally between the two parties involved. If mutually satisfactory resolution cannot be achieved through mediation the matter shall be settled in accordance with local Governing Law found in Section Twenty.
Section Sixteen: Changes to Terms and Conditions
You are encouraged to read the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Conditions following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section Seventeen: Termination Policy
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. Please ensure that you understand and acknowledge the termination policy for each product and service we offer as it varies and is dependent on the “Term” in-which you agree to at the time of the transaction.
Should you wish to terminate your agreement entirely before the expiration of the “Term” in-which you agreed to at the transaction of the product or service you purchased, you must pay the full balance remaining in the “Term” to us. You acknowledge that your agreement may not be terminated or amended until either the expiration of the “Term” has been reached or the remaining balance of the “Term” has been paid out. For subscription based services and products, you will be continuously charged on the same day of each month during the “Term”, despite any attempt to alter, terminate, or cancel the agreement, without first exercising the conditions of the policy in-which you are in accordance with. Any attempt to avoid or refuse these provisions, will result in legal action.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any terms or provisions of these Terms and Conditions, we also may terminate this agreement at any time and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services, or any part thereof.
Section Eighteen: Return Policy
Refunds will be issued at our discretion on most regular-priced merchandise within 14 (Fourteen) days of order receipt, provided the item can be returned to us in its original, unused condition and is suitable for resale. All perishable items, including food are final sale. Clearance and end-of-season discounted items are not eligible for exchange or refund.
Section Nineteen: Waiver
The failure of either party to enforce any provision of these Terms and Conditions 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 and Conditions. You acknowledge that the waiver you agree upon is presented prior to each transaction of our products and services you engage in.
Section Twenty: Entire Agreement
These Terms and Conditions reflects the entire agreement between the parties and reflects a complete understanding of the parties with respect to the subject matter hereof. The Terms and Conditions supersedes contemporaneous agreements, communications and proposals, whether oral or written, between you and us. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Section Twenty-One: Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the Province of Alberta and the Federal laws of Canada applicable therein.
By accessing our website, you apply to all users of the site, including without limitation users who are browsers, vendors, clients, customers, merchants, subscribers, members, and/or contributors of content, you acknowledge having read and understood that you are engaging in all our Terms and Conditions hereof.
Any further questions about these Terms and Conditions, please forward to info@performanceculture.ca.
