Terms and Conditions
Our Terms and Conditions, which can be reviewed prior to subscribing to our services, may be found below. If you have any questions, please do not hesitate to reach out to us in our contact form.
The Business Practices and Consumer Protection Act applies to this contract. (1) You may cancel this contract, without reason, from the day you enter the contract until 10 days after you receive a copy of the contract. (2) You may cancel this contract at any time for the following reasons: (i) If, due to physical, medical or mental disability, your continued participation in the services is unreasonable due to your condition or is likely to endanger your health (as substantiated in writing by a medical or nurse practitioner); (ii) If you die; (iii) If, due to the fault of the supplier, the services are not completed within the agreement term, or the supplier appears to be unable to reasonably complete the services within the agreement term; (iv) If the services are no longer substantially available as provided in the agreement because of the suppliers discontinuance or substantial change in operation.
If you cancel this agreement in the accordance with (1) or (2), the supplier had 15 days to refund your money, except that the supplier may retain; in the case of (2), the portion of the price for service used, and that in the case of (i), (ii), (iii), a prescribed amount on account of the supplier’s costs. You must return any goods received. To cancel, you must give notice of cancellation at the address in this contract by a method that will allow you to prove that you gave notice (e.g. registered mail, e-mail, fax, or personal delivery). For a 10-day cancel, the notice needs to be sent by you within the 10 day period but need not received by the supplier in that period.
Thank you for choosing a Bridge Fitness Online Coaching Program (the “Program”) with Bridge Fitness (“Bridge”). This Agreement is legally enforceable. Please read everything carefully. This agreement may be subject to consumer protection legislation applicable in your province of residence (the “Act”). Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act. The participant is referred to as “you” or the “Participant” and Bridge Fitness is referred to as “Bridge”, “us” or “we”.
In exchange for payment of the subscription amount and on the terms set out above and all other amounts and charges under this Agreement (the “Fees”), and commencing today, you have the right during the term of this Agreement to receive the specified weekly number of online programming sessions (“Session(s)”) with us.
ADDITIONAL TERMS
1. RELEASE: You acknowledge that there is a risk associated with participating in fitness activities and in exercising. Your participation in the Program is completely voluntary and you acknowledge that you are assuming all risks of injury to yourself or others including any illness or medical condition. Please raise any concerns about starting nay exercise or fitness program with your physician before starting the Program. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge Bridge, together with its respective owners, officers, directors, agents, employees or independent contractors (the “Released Persons”), from any and all claims or causes of action (known or unknown) brought against us by any party arising out of your actions, including your negligence, while participating in the Program.
2. YOUR RESPONSIBILITIES: By agreeing to this Agreement you agree: a) to pay me the Fees when due, irrespective of your use of the Sessions, b) to all of the terms and conditions which are set out in this Agreement, c) to follow our rules and regulations (“Rules”) which may be emailed to you from time to time; and d) to immediately notify us of any address changes and of any other personal changes.
3. NUMBER OF SESSIONS: the amount of your weekly payments is based on the Program which you have chosen. You agree that if you change the Program, your weekly payment amount will increase or decrease, depending on the change of Program. Please ask us for details.
4. PRE-AUTHORIZED PAYMENT AGREEMENT: If this is a pre-authorized payment agreement, you agree to pay the Fees every week, (as applicable, or on next business day) and authorizes Bridge to present transactions for payments against your account. In consideration of Bridge acting as directed, you agree that Bridge’s treatment of each payment and our rights to it, shall it be the same as if it were personally signed by you, if more than one. The pre-authorized payment shall be drawn on your account to cover all Fees, including any applicable increases. You may revoke this authorization at any time subject to providing Bridge not less than 30 days’ written notice. Participant is responsible for all Fees payable after the effective date of the Payor’s revocation. Payor has certain recourse rights if any debit does not comply with this Agreement. For example, you has the right to receive reimbursement for any debit that is not authorized or is not consistent with the PAD (Pre-Authorized Debit) Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca. You agree that the first pre-authorized payment may occur less than 15 days from the start of this agreement.
5. TERM: This agreement commences on todays date and expires upon your cancellation request plus 30 days (collectively, the “Commitment Period”).
6. DEFAULT: if you breach any terms or conditions of this Agreement, or if you do not pay an instalment on a payment date you will be in default. Your right to receive Sessions will be suspended immediately. Bridge may then, if they choose, also immediately cancel your Sessions. If Bridge later agree to accept a payment from you, you must still fulfill all your remaining responsibilities under this Agreement. Bridge may require you to pay any legal and/or collection fees and charges incurred by us in collecting your overdue payments from you.
8. 8. CANCELLATION OF THIS AGREEMENT: In addition to any other cancellation rights set out in this Agreement, this agreement may be cancelled by giving Bridge one week (seven days) notice at the email address set out in this Agreement by any means which allows you to prove the date on which you gave notice. You are responsible for cancellations of this agreement. There is no cancellation fee of this Agreement; however, any debits deducted during your seven day notice period will not be refunded.
9. You agrees to pay Bridge all Fees specified in this Agreement, when due, irrespective of the amount of Sessions you use. Your fee per Program will not increase for a period of 6 months from the start date (the “Freeze Period”). You agree that after the Freeze Period, Bridge may increase the per-Session Fee at any time. Bridge will provide you with at least thirty (30) days’ notice (the “Notice Period”) of any increase in your per-Program Fee by sending you notice in writing at the last address or email address provided by you to Bridge. You may terminate this Agreement at any time during the Notice Period. If you do not terminate this Agreement within the Notice Period you will be deemed to have accepted the increase in per-Program Fees. All government taxes are in addition to and will be automatically added to all payments.
10. TELECOMMUNICATIONS: From time to time Bridge may contact you directly by telephone, mobile or fax number or email address for the purpose of providing you with information and/or marketing (including telephone and email marketing) of goods, services and special offers that may be of interest to you. By agreeing to this Agreement, you consent to receiving such communications.
11. NO VERBAL AGREEMENTS: There are no promises, representations, understandings or agreements between Bridge other than contained in this Agreement. Any changes must be in writing, agreed upon by both you and Bridge. Any changes or deletions by you to any printed portion of this Agreement are null and void.
12. DISHONOURED PAYMENT CHARGE: Declined payments and any late charges will be automatically charged to the Payor’s bank account set out above. Bridge will apply an administration fee of $25.00 or the maximum amount permitted by law, including our costs and expenses,, whichever is less, to returned payments.,
13. PAYMENT OBLIGATIONS ABSOLUTE: You are obligated to pay Bridge all Fees owing or falling due under this Agreement. Bridge will not reduce, discount or cancel your obligation because you do not use your Program.
14. WARRANTY: Bridge warrant that the services supplied under this Agreement are of reasonably acceptable quality, but other than specific guarantees in the Agreement Bridge make no other warranty or guarantee regarding the services available to you under this Agreement.
15. ASSIGNMENT: This Agreement is personal to you. You may not sell, assign or transfer this Agreement, or your rights under it, to anyone else. Any attempt to sell, assign or transfer this Agreement is null and void.
16. LIMITATIONS OF DAMAGES: Your entitlement to damages, costs or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
17. SEVERABILITY OF PROVISIONS: The provisions of the Agreement are severable. If a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose at any time not to enforce a particular provision, we still have the right to later enforce such provision.
17. GOVERNING LAW: This Agreement is governed by the laws of British Columbia and the laws of Canada applicable therein.