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User Terms and Conditions

1. Contractual Relationship

These GroupFit Technologies, Inc.– Terms and Conditions – Canada (“GroupFit Terms”) govern the access or use by you, an individual, from within any country in the world of any platform, applications, websites, content, products, and services (the “GroupFit Services”) made available by GroupFit Technologies, Inc.

Scope of these GroupFit Terms:

GroupFit Services may be provided by GroupFit or, if specified in these GroupFit Terms or any supplemental terms, affiliates of GroupFit. However, the GroupFit Services provided by GroupFit under these GroupFit Terms do not include any transportation services.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE GROUPFIT SERVICES.

You may accept these terms by clicking a box or by using or placing an order using an GroupFit branded application or website or by otherwise affirmatively indicating your acceptance and subsequently, by continuing to access and use the GroupFit Services, you agree to be bound by these GroupFit Terms, as may be amended from time to time, which establishes a contractual relationship between you and GroupFit. If you do not agree to these GroupFit Terms, at any time, you agree not to access or use the GroupFit Services. These GroupFit Terms expressly supersede prior agreements or arrangements with you and GroupFit and/or any affiliates of GroupFit regarding the provision of GroupFit Services. GroupFit may immediately terminate these GroupFit Terms or any GroupFit Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Amendments

GroupFit may amend the GroupFit Terms, any supplemental terms or policies (including the Community Guidelines) related to the GroupFit Services from time to time. GroupFit will provide you with notice in the event of a material change to any GroupFit Terms, policies or supplemental terms that detrimentally affects your rights under these GroupFit Terms, by sending an email, providing notice through the GroupFit Services or updating the date at the top of these GroupFit Terms. Unless GroupFit indicates otherwise in its notice (if applicable), the amendments will be effective immediately upon posting of such updated GroupFit Terms at this location or the amended supplemental terms or policies on the applicable GroupFit Service or at this location (as the case may be). Your continued access or use of the GroupFit Services after GroupFit provides such notice, if applicable, or after GroupFit posts such updated terms, constitutes your acceptance of the changes and consent to be bound by the GroupFit Terms, policies and supplemental terms, as amended. If you do not agree to the amended GroupFit Terms, policies or supplemental terms, you agree not to access and/or use the Services.

2. The Groupfit Services

GroupFit will provide the GroupFit Services to you in accordance with these GroupFit Terms. The GroupFit Services constitute the provision of a technology platform that enables you, as a user of GroupFit’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with GroupFit or its affiliates (“Third Party Providers”), including: (i) physical exercise and training related services from those Third Party Providers; (b) facilitate payments to Third Party Providers for the goods and services provided to you by those parties and receive receipts from an GroupFit affiliate for those payments; and (d) provide related content or services including customer support.

The GroupFit Services are made available solely for your personal, non-commercial use, unless GroupFit has agreed with you otherwise in a written separate agreement. You acknowledge that: (a) GroupFit does not provide transportation services or function as a transportation carrier; (b) all such physical exercise and training services are provided by Third Party Providers which are independent third party contractors who are not employed by GroupFit or any of its affiliates; (c) GroupFit does not provide physical exercise and training services. For clarity, Third Party Providers are solely responsible for the services they provide to you.

Licence

Subject to your compliance with these GroupFit Terms, GroupFit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the GroupFit Services; and (ii) access and use any content, information and related materials that may be made available through the GroupFit Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by GroupFit and GroupFit’s licensors.

Restrictions

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the GroupFit Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the GroupFit Services except as expressly permitted by GroupFit; (iii) decompile, reverse engineer or disassemble the GroupFit Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the GroupFit Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the GroupFit Services or unduly burdening or hindering the operation and/or functionality of any aspect of the GroupFit Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the GroupFit Services or its related systems or networks.

Provision of the GroupFit Services

You acknowledge that portions of the GroupFit Services may be made available under GroupFit’s various brands or request options associated with physical exercise and training services. You also acknowledge that the GroupFit Services may be made available under such brands by or in connection with: (i) certain of GroupFit’s affiliates; or (ii) Third Party Providers.

Third Party Services and Content

The GroupFit Services may be made available or accessed in connection with third party services and content (including advertising) that GroupFit does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. GroupFit does not endorse such third party services and content and in no event shall GroupFit be responsible or liable for any products or services of such third party providers.

App Stores

You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s licence, e.g., the Apple app stores or Android app stores (“App Store”). You acknowledge and agree that these GroupFit Terms are between you and GroupFit and not with the App Stores and that GroupFit is responsible for the provision of the GroupFit Services as described in these GroupFit Terms. However, you acknowledge and agree that if you access the GroupFit Services using Applications developed for Apple iOS and Android mobile devices, Apple Inc. (“Apple”), Google, Inc and/or their applicable international subsidiaries and affiliates, respectively, are third-party beneficiaries of these GroupFit Terms. Upon your acceptance of these GroupFit Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these GroupFit Terms against you as a third-party beneficiary thereof. These GroupFit Terms incorporate by reference any terms set forth in the applicable third party beneficiary’s terms of service, including in Apple’s case, Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these GroupFit Terms, the terms of these GroupFit Terms will control.

Ownership

The GroupFit Services and all rights therein are and shall remain GroupFit’s property or the property of GroupFit’s licensors. Neither these GroupFit Terms nor your use of the GroupFit Services convey or grant to you any rights: (i) in or related to the GroupFit Services except for the limited licence granted above; or (ii) to use or reference in any manner GroupFit’s company names, logos, product and service names, trademarks or services marks or those of GroupFit’s licensors.

GroupFit Active Area

The goods and services that you may request using the GroupFit Services are available in designated areas as communicated via the Application from time to time (“GroupFit Active Area”). GroupFit does not guarantee that you will be able to use the GroupFit Services to request any such goods and services in the GroupFit Active Area at all times.

3. Your Use Of The Groupfit Services

User Accounts

In order to use most aspects of the GroupFit Services, you must register for and maintain an active personal user GroupFit Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific GroupFit Service permits otherwise. Account registration requires you to submit to GroupFit certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the GroupFit Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by GroupFit in writing, you may only possess one Account.

User Requirements and Conduct
General

The GroupFit Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive: (i) physical exercise and training services from Third Party Providers unless they are accompanied by you and you agree to take full responsibility for the acts or omissions of the persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the GroupFit Services, and you may only access or use the GroupFit Services for lawful purposes in accordance with these GroupFit Terms. You will not, in your use of the GroupFit Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including GroupFit, its affiliates or any of their employees, agents or contractors. In certain instances, you may be asked to provide proof of age, identity, or other method of identity verification to access or use the GroupFit Services, and you agree that you may be denied access to or use of the GroupFit Services if you refuse to provide proof of identity or other method of identity verification.

Equipment or Accessories Responsibility

Group Fit and its affiliated fitness professionals ("Service Providers") shall not be responsible for providing any fitness equipment or accessories required for the fitness sessions booked through the platform. It is the sole responsibility of the user or the group of users ("Clients") to ensure that they have the necessary equipment or accessories for the fitness sessions.

Clients acknowledge and agree that while having equipment or accessories may not be necessary for all activities, they may enhance the quality of the session. Clients are encouraged to communicate with their selected fitness professional to determine whether specific equipment or accessories are recommended for the planned activities. Clients are required to provide and maintain any equipment or accessories essential for the fitness sessions, including but not limited to exercise mats, weights, resistance bands, or any other fitness accessories.

Group Fit and its Service Providers shall not be liable for any injury, damage, or inconvenience arising from the absence, inadequacy, or malfunction of any fitness equipment or accessories during the fitness sessions. Clients expressly release Group Fit and its Service Providers from any liability, claims, demands, or damages arising out of or in connection with the lack of equipment or accessories or any related issues.

Commercial Electronic Messaging

By creating an Account, you agree that GroupFit or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the GroupFit Services and to send you marketing and promotional messages about any of GroupFit’s Applications, products or services. Where it may be impracticable (including for push notifications) to include an unsubscribe mechanism in certain commercial electronic messages, you may opt-out of receiving commercial electronic messages from GroupFit at any time by following the directions available. You also acknowledge that opting out of receiving electronic messages may impact your use of the GroupFit Services. You also acknowledge that opting out of receiving certain electronic messages may impact your use of the GroupFit Services.

Promotional Codes

A GroupFit affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the GroupFit affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the GroupFit affiliate; (iii) may, as permitted by law, be disabled by GroupFit or its affiliate at any time without liability to GroupFit or its affiliate; (iv) may only be used pursuant to the specific terms that the GroupFit affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The GroupFit affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the GroupFit affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these GroupFit Terms.

User Provided Content

GroupFit may, in GroupFit’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GroupFit through the GroupFit Services textual, audio, and/or visual content and information, including commentary and feedback related to the GroupFit Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to GroupFit, you grant GroupFit and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the GroupFit Services and GroupFit’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant GroupFit and its affiliates the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor GroupFit’s or its affiliate’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GroupFit in its sole discretion, whether or not such material may be protected by law. GroupFit may, but is not obligated to, review, monitor, or remove User Content, at GroupFit’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the GroupFit Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the GroupFit Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the GroupFit Services and Applications and any updates thereto. GroupFit does not guarantee that the GroupFit Services, or any portion thereof, will function on any particular hardware or devices. In addition, the GroupFit Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You acknowledge that the use of GroupFit Services may result in charges for the services or goods received from a Third-Party Provider ("Third Party Charges"). Following the receipt of services or goods through the GroupFit Service, GroupFit or one of its affiliates will facilitate the payment of applicable Third Party Charges, acting as the limited collection agent for the Third Party Provider. This payment arrangement is deemed equivalent to direct payment made by you to the Third Party Provider. Third Party Charges are inclusive of applicable taxes as required by law and are considered final and non-refundable unless otherwise determined by GroupFit.

All Third Party Charges are due immediately upon booking, and payment will be facilitated by GroupFit or a GroupFit affiliate using the preferred payment method designated in your Account. A receipt will be sent to you following payment. In cases where your primary Account payment method is expired, invalid, or unable to be charged, you agree that GroupFit or a GroupFit affiliate may, on behalf of the Third Party Provider, utilise a secondary payment method in your Account, if available.

You recognize that the exclusive authority to determine or modify Third Party Charges for any services or goods obtained through the GroupFit Services rests solely with GroupFit. GroupFit retains the right to make such adjustments at its discretion, including situations where you opt for additional services resulting in extra charges. While GroupFit will make reasonable efforts to notify you of potential Third Party Charges, you bear responsibility for any such charges incurred under your Account.

Please note that a charge on your payment card statement from GroupFit or a GroupFit affiliate does not necessarily indicate that GroupFit or the GroupFit affiliate sold an item or service. Rather, it signifies that GroupFit or the GroupFit affiliate facilitated payment processing, and the merchant stated on your receipt is the actual seller.

Additionally, you acknowledge that GroupFit or its affiliates may, from time to time, provide certain users with Promo Codes that may result in varied amounts charged for the same or similar services or goods obtained through the GroupFit Services. You agree that such Promo Codes are provided at no cost, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable, and, unless also made available to you, shall have no impact on your use of the GroupFit Services or the Third Party Charges applied to you.

5. Cancellations

Cancellation and Rescheduling Period: You are allowed to cancel or reschedule a booked session through the GroupFit app. The cancellation and rescheduling options will be available on the booking screen. You may cancel a session without incurring any charges if the cancellation is made at least 2 hours before the scheduled start time of the session.

Refund for Timely Cancellations: If you cancel a booked session 2 hours before the scheduled time, the entire fee for the session will be refunded.

Late Cancellation Charges: If you cancel a booked session within 2 hours of the scheduled start time, a cancellation fee equal to 15% of the session fee will be charged. This fee is intended to cover administrative and processing costs associated with the cancellation, including compensation for the Third Party Provider who was scheduled to provide the session.

Rescheduling Sessions: You may reschedule a session at any time without incurring any fees. The rescheduling option is available on the booking screen of the GroupFit app.

Third Party Provider Services:
  1. If Third Party Provider services are cancelled for reasons not attributed to you in accordance with GroupFit's or its affiliate's cancellation policies, you may be entitled to a refund for any charges paid.
  2. If any goods or services provided by a Third Party Provider fail or are cancelled for reasons determined by GroupFit, acting reasonably, to be attributed to you (e.g., incorrect address provided), you may be charged a fee, not exceeding the full price for both the items and any services purchased.

Third Party Charges: If you require a correction to be made to any Third Party Charge incurred, you must notify GroupFit in writing within 30 days after the Third Party Charge was invoiced. After this period, GroupFit will have no further responsibility, and you waive the right to later dispute the amounts charged.

Refund for Third Party Provider No-Show: In the event that a Third Party Provider scheduled through the GroupFit platform fails to show up at the scheduled time for a booked session, you may request a refund of the session fee by creating a support ticket through the GroupFit Helpdesk.

Refund Request Process:
  1. You must initiate the refund request through the GroupFit Helpdesk, providing details of the scheduled session, the Third Party Provider's non-appearance, and any other relevant information.
  2. GroupFit will conduct an investigation into the reported no-show incident.
Refund Eligibility:
  1. If the investigation determines that the Third Party Provider did not appear at the scheduled time, you may be eligible for a refund of the session fee.
  2. Refunds will be processed by GroupFit and returned to your account through the original payment method.

Timely Request: You must submit their refund request through the GroupFit Helpdesk in a timely manner, ideally immediately after the scheduled session's no-show, but no later than 48 hours following the scheduled time.

Investigation Period: The investigation into the no-show incident will be conducted promptly. GroupFit will make reasonable efforts to resolve the matter and process the refund within a reasonable timeframe.

Review and Modification: This Cancellation and Third Party Services Policy may be reviewed and modified by GroupFit with notice to you. You will be bound by the updated Policy upon receiving notice.

6. Disclaimers; Limitation Of Liability; Indemnity Application To Groupfit And Its Affiliates

The limitations and disclaimer in this section 6 apply to the liability of GroupFit and its affiliates under these GroupFit Terms, including in relation to any of the GroupFit Services.

Disclaimers

THE GROUPFIT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GROUPFIT AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE GROUPFIT TERMS (INCLUDING ANY SUPPLEMENTAL TERMS, WHERE APPLICABLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, AND MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE GROUPFIT SERVICES OR ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE GROUPFIT SERVICES, OR THAT THE GROUPFIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GROUPFIT AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GROUPFIT SERVICES, AND ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE GROUPFIT SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. GROUPFIT DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF GROUPFIT. GROUPFIT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. GROUPFIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Liability

Limitation of Liability

GROUPFIT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GROUPFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GROUPFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE GROUPFIT SERVICES OR YOUR INABILITY TO ACCESS OR USE THE GROUPFIT SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GROUPFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GROUPFIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GROUPFIT’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING PHYSICAL EXERCISE AND TRAINING SERVICES REQUESTED THROUGH SOME REQUEST MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GROUPFIT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDERED CANADIAN DOLLARS (CAD $500).

THE GROUPFIT SERVICES MAY BE USED BY YOU TO REQUEST PHYSICAL EXERCISE AND TRAINING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GROUPFIT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PHYSICAL EXERCISE AND TRAINING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold GroupFit and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the GroupFit Services or services or goods obtained through your use of the GroupFit Services; (ii) your breach or violation of any of these GroupFit Terms; (iii) GroupFit’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).

7. Governing Law

These GroupFit Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario, or Quebec if you're a Quebec resident, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

8. Dispute Resolution

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.  ARBITRATION REQUIREMENT

You are free to get advice or representation from a lawyer about this arbitration requirement.

Unless prohibited by law, all disputes arising out of or relating in any way to: i) these GroupFit Terms, ii) the GroupFit Services, iii) your access to or use of the Applications, or iv) advertisements, promotions or oral or written statements related to the Applications or any other GroupFit branded product will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet.

The ADRIC Rules are available by, for example, searching to locate “ADRIC Arbitration Rules”. You can also contact ADRIC at 1-877-475-4353 or 

You will have to pay some fees to arbitrate, as described in the ADRIC Rules.

However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).

Nothing here prevents you from filing a claim with a government agency.

Where you allege claims of sexual assault or sexual harassment, you may choose to bring those specific claims in court or before the Ontario Human Rights Tribunal instead of arbitration. GroupFit agrees to honour your choice of forum with respect to your individual sexual harassment or sexual assault claim but in doing so GroupFit does not waive the enforceability of any other part of this section 7.

This arbitration requirement survives: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.

9.Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to GroupFit’s designated agent. Please visit GroupFit’s web page at www.groupfitapp.com for the designated address and additional information.

Notice

GroupFit may give notice by means of a general notice on the GroupFit Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to GroupFit by written communication to legal@groupfitapp.com

General

You may not assign or transfer these GroupFit Terms in whole or in part without GroupFit’s prior written approval. You give your approval to GroupFit for it to assign or transfer these GroupFit Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of GroupFit’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, GroupFit or any Third Party Provider as a result of the contract between you and GroupFit or use of the GroupFit Services.

If any provision of these GroupFit Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these GroupFit Terms but the legality, validity and enforceability of the other provisions in these GroupFit Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these GroupFit Terms. These GroupFit Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these GroupFit Terms, the words “including” and “include” mean “including, but not limited to”.

Entire Agreement

You and GroupFit agree that this Agreement and any Schedules attached hereto constitutes the entire agreement with respect to your usage of the GroupFit app and services and any and all previous agreements, written or oral, express or implied between the parties or on their behalf relating to your usage of the GroupFit app and services are hereby terminated and cancelled. You and GroupFit both release and forever discharge one another of and from all manner of actions, causes of actions, claims or demands whatsoever under or in respect of any and all previous agreements dealing with the subject matter of this Agreement.

Independent Legal Advice

You acknowledge that the You have had sufficient time to review this Agreement thoroughly and that You have read and understand the terms and conditions of this Agreement and the obligations hereunder and that GroupFit has advised you that this Agreement substantially alters and supersedes your rights at common law. You specifically acknowledge that GroupFit has advised you to obtain independent legal advice prior to executing this Agreement and you have either obtained said independent legal advice or waived your right to the same. You are not under any disability at the time of execution of this Agreement.

10. Application Usage

This Agreement shall be effective for the duration of your active use of the GroupFit app and platform. In the event of any disputes or differences between you and the Company, you agree to promptly cease using the GroupFit app, erase your profile from the platform, and delete the application from your mobile device. The termination of app usage, erasure of your profile, and deletion of the application shall collectively signify your acknowledgment and acceptance of the cessation of obligations under this Agreement.

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