TERMS OF SERVICE

This is an agreement between the client (“You”) and VIBE The Fitness Studio Ltd. (“VIBE” or “we”). PLEASE READ CAREFULLY! This Agreement contains essential conditions about our services, including assumptions of risk, liability waivers, and limitations of liability.

 

I. VIBE SERVICES, FACILITIES, AND ACTIVITIES

VIBE offers you the use of its premises, facilities, and equipment and instructor-led group classes for physical activity, including dance, fitness, aerobics, and weight training (collectively, the “Services”) subject to this Agreement.

All classes are booked for a particular time block through MarianaTek, a third-party application. Your right to use VIBE’s premises, facilities, and equipment is limited to the time you booked. Availability, times, and prices of the classes are subject to change at VIBE’s sole discretion.

 

II. GYM POLICIES

You agree that you will not use the Services in a way that creates a danger to other members or staff and will not interfere with the quiet enjoyment of the other members or staff.

To ensure an environment for all clients that is safe, healthy, respectful, and secure, VIBE has rules, policies, and guidelines for the use of the Services concerning various matters, including parking, check-in, attire, hygiene, lockers, gym etiquette, change rooms, safety instructions, and equipment instructions which are posted at or on VIBE’s premises, facilities, and equipment, as appropriate (the “Gym Policies”).

VIBE may change or update Gym Policies. You are responsible for reviewing and following the latest applicable Gym Policies.

 

III. MEMBERSHIP

VIBE may offer memberships with discounts, exclusive classes, and other benefits at its sole discretion (“Membership”). Your Membership type, fees, benefits, and cancellation policy will be selected when you sign up for the Membership. A Membership is subject to change at VIBE’s sole discretion. You will be notified of significant changes and have the right to cancel or change your Membership at that time.

 

IV. TERMINATION

VIBE may terminate this Agreement, cancel your Membership, and end its provision of the Services for any reason by providing 30 days prior written notice to the email address you provided. In these circumstances, you will be refunded pro-rated amounts paid for any period after the cancellation date. Upon issuing such a refund, VIBE will have no other liability to you regarding fees paid or otherwise.

Exceptionally, VIBE may terminate this Agreement, cancel your Membership, and revoke your use of the Services, including booked and paid classes, for cause without prior notice where it is necessary for VIBE’s sole discretion to promote a safe, healthy, respectful, and secure experience for its members. This would occur, for example, where you have committed serious, repeated, or intentional breaches of Gym Policies, caused a safety or health issue, or acted in a manner that other members or staff would reasonably view as seriously offensive. In such circumstances, you will not be entitled to any refund.

 

V. PAYMENT AND FEES

You authorize VIBE to charge your credit card or debit your bank account, as applicable, for all amounts payable under this Agreement.

You will pay all agreed fees, plus applicable taxes, at VIBE’s posted rates for your membership type and selected services. Amounts not paid in full when due will be subject to a late payment charge of 2% of the unpaid amount per month or $2.00, whichever is greater. Late, returned, or NSF payments will be subject to an additional charge of $25.00 per occurrence.

 

VI. CANCELLATION AND REFUND POLICY

Where a class you have booked is cancelled due to circumstances within our control, VIBE will refund the fee.

You may cancel a booked class through MarianaTek’s services. You agree to pay a cancellation fee of $20.00 if you cancel with less than eight (8) hours’ notice or such other cancellation fee and such other notice period as indicated at the time of booking.

You may cancel your Membership by providing written notice 30 days before the cancellation date or any other notice period applicable to your Membership. You will pay all applicable fees up to that cancellation date, and we will provide a pro-rated refund for the period after the cancellation date.

VIBE understands that your circumstances and goals may change. VIBE may, in its discretion, waive a cancellation fee or a notice period where the cancellation is for medical reasons, compassionate grounds, or other circumstances beyond your control.

 

VII. THIRD-PARTY SOFTWARE

VIBE uses MarianaTek’s services for web scheduling, registration, order processing, and online payments. You agreed to the use of this third-party service. Please visit their website for company information and privacy policies (www.marianatek.com/privacy-policy).

 

VIII. CHANGES TO TERMS AND CONDITIONS

VIBE may change these terms and conditions with 30 days' notice. We will send you an email notifying you of any significant changes. If you do not cancel your Membership within 30 days of being notified, you will be deemed to accept those changes.

 

IX. ASSUMPTION OF RISKS

Engaging in physical activity involves inherent risks, even for healthy individuals. While physical activity is safe for most people, certain medical conditions may increase the risk of injury or complications. If you experience any of the following medical conditions, you should consult with your physician before beginning or continuing physical activity: Heart conditions or cardiovascular issues, High blood pressure, Chest pain during physical activity, Loss of balance, dizziness, or fainting within the last 12 months, Chronic medical conditions (e.g., diabetes, asthma), Prescribed medications for chronic medical conditions, Bone, joint, or soft tissue issues that could be aggravated by exercise. Additionally, you should delay becoming more physically active or consult a doctor before physical activity if you are suffering from a temporary illness such as a cold, fever, or infection, or if you are pregnant or have recently given birth.

By participating in any physical activities at VIBE, you assume full responsibility for the risks associated with exercise, including injuries and health complications. Should your health or medical condition change, you must seek further medical advice before continuing any physical activity program.
 
X. LIABILITY WAIVER AND INDEMNITY

You acknowledge that the Services involve various risks, dangers, and hazards, including but not limited to property damage, accidents, injuries, illnesses, or even death. You understand that it is your responsibility to learn about and understand the risks, dangers and hazards of participating in anything made available by or arranged by VIBE.

You release VIBE and its directors, officers, employees, owners, agents, instructors, contractors, coaches, managers, volunteers, sponsors, officials, representatives, and clients (collectively, the “Releasees”) from any claims or liability whatsoever, except as prevented by legislation, for any injury, loss, damage, cost, or relief of any kind whatsoever arising out of or connected to VIBE’s Services. Without limitation, the Releasees will have no liability for accidents, injuries, illnesses, or death as a result of vicarious liability for another person’s act or omission, breach of statory duty, negligence, gross negligence, or failure by any Releasee(s) to take reasonable steps to safeguard, warn, or protect you from the risks, dangers, and hazards of the Services.

You will not make any claim against any third party that may result in a claim against the Releasees, and you agree to hold harmless and indemnify the Releasees from any such claims, including those for damage to property or personal injury.

 

XI. LIMITATION OF LIABILITY

Without limiting the scope of any waivers under this Agreement, including the waivers in the preceding section, under no circumstances and no legal or equitable theory will the Releasees be liable to you or any third party for (1) indirect, incidental, general, exemplary, aggravated, or punitive damages; (2) any amount greater than the aggregate fees you have paid under this agreement in the six (6) months preceding the event giving rise to your claim; or (3) any amount greater than $500.00 all-inclusive. WITHOUT LIMITATION, UPON PAYMENT OF $500.00 TO YOU, ALL-INCLUSIVE, VIBE SHALL HAVE NO FURTHER LIABILITY TO YOU.

 

XII. PRIVACY POLICY

VIBE values the protection of your personal information. Our privacy policy is posted on our website (www.vibethefitnessstudio.ca) and premises and may change from time to time (the “Privacy Policy”). You confirm that you have viewed and agree with the Privacy Policy.

 

XIII. MISCELLANEOUS

You agree that any notice to you may be given by email at the address you have provided and is deemed to be received when sent.

Written notice to VIBE shall be provided to admin@vibethefitnessstudio.ca. You can also use this address to ask us any questions.

VIBE waiving a breach of this Agreement or Gym Policy does not affect its ability to rely on similar future breaches.

This Agreement and any disputes will be governed by the laws of Canada and New Brunswick, as applicable.

If any provision of this Agreement is found void or unenforceable for any reason, that provision will be severed, and the remaining provisions will continue in effect.

This Agreement and the Privacy Policy and Gym Policies are the entire agreement between you and VIBE. VIBE makes no representations or warranties except as set out in this Agreement. All Gym Policies and the Privacy Policy are subject to the express terms of this Agreement.

This Agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.

You must be 19 years old to use the Services unless you have a parent or legal guardian sign in addition. By signing this Agreement, you represent that you are at least 19 years old.