TERMS + CONDITIONS
Welcome to Loft Fitness Club Inc.
These terms and conditions outline the rules and regulations for the use of Loft Fitness Club Inc.'s Website.
Loft Fitness Club Inc. is located at:
452 Danforth Ave
Toronto, Ontario
M4K 1P4
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Loft Fitness Club Inc.'s website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company or Loft Fitness Club Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By using Loft Fitness Club Inc.'s website you consent to the use of cookies in accordance with Loft Fitness Club Inc.’s privacy policy.Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, Loft Fitness Club Inc. and/or its licensors own the intellectual property rights for all material on Loft Fitness Club Inc. All intellectual property rights are reserved. You may view and/or print pages from http://loftcycleclub.com for your own personal use subject to restrictions set in these terms and conditions. You must not:
Republish material from http://loftcycleclub.com
Sell, rent or sub-license material from http://loftcycleclub.com
Reproduce, duplicate or copy material from http://loftcycleclub.com
Redistribute content from Loft Fitness Club Inc. (unless content is specifically made for redistribution).
Account Information
In order to register for a class at Loft Fitness Club Inc., you must first sign up for an account at www.loftcycleclub.com and provide personal information such as your full name, email address, payment information and billing address. By signing up for an account you warrant that the information you provided is current and accurate. By signing up for an account you also warrant that you are at least 16 years of age. You are required to create a password for your account for which you are responsible for tracking.
You are responsible for all activity that occurs in your account. Loft Fitness Club Inc. will not be responsible for any purchases, reservations or losses that occur as a result of someone other that the account owner using your account.
Age Policy
All clients attending classes in studio must be at least 14 years of age. Those between the ages of 14 and 18 must have a waiver signed by a parent/guardian to attend classes at Loft Fitness Club Inc.
Mobile Phone Policy
We are a mobile-conscious environment. Our environment is intended to be a place of focus and self-care. Cell phones are not permitted in our studios. Mobile devices must be kept on silent in all other areas, including the lounge, Café, reception and locker rooms.
Refunds, Cancellation and Attendance
Loft Fitness Club Inc. will not issue refunds on any classes, class packs, gift cards, events or series. Class cancellations can be made up to 8 hours before class start time online through your account, or by calling the studio. If you cancel your class with fewer than 8 hours notice, you will be charged as if the class was attended. If you booked class using an unlimited membership, you will be charged $15 for late cancellations or no shows. Classes, class packs, gift cards, events and series are non-transferable.
Late entry into class is not permitted. You will be charged for the class if you arrive late or do not show up for the class.
Loft Fitness Club Inc. has the right to cancel classes up to 4 hours before class start time.
Perks Program
Rewards expire 1 year from receipt. Rewards cannot be traded, transferred or refunded for cash.
Workshop Registration
Cancellations for workshops and events must be received 2 weeks prior to the event. A full refund will be returned to you minus the cancellation fee, equivalent to 20% of the cost of the event. If the Studio is notified after the session begins, no refund or credit will be given. Cash Refunds will not be issued.
Pricing
We reserve the right to change our pricing at any time by posting the new pricing online or by sending you a notification.
Expiry Dates on Classes
In-studio classes and series expire at 11:59 pm 6-months from the date of purchase. Online classes expire 1 month from the date of purchase.
6 Month Memberships
Require a minimum commitment of 6 months. On the purchase date your classes will be added to your account and will expire 1 month from purchase. The cycle will repeat indefinitely until you cancel. After 6 payments you are permitted to cancel your membership. Classes do not carry over month-to-month. As a Loft Member, you are entitled to 10% off any other purchases including add-on packs, 10% off all shop and cafe items, advance booking by 2 days, 50% off On Demand Library subscriptions and waitlist priority.
One hold is permitted per membership cycle. Late cancel or no-show fee of $15 will be applied.
Closing Your Loft Fitness Club Account
You may, at any time, close your Loft Fitness Club Inc. account. To close your account, please call or email the studio. Loft Fitness Club Inc. reserves the right to close, suspend or alter your account at any time, and for any reason. If you choose to close your account, we will not reimburse you (be that in store credit or a cash refund) for any unused classes. If your account remains inactive for 12 months (i.e. you do not login to your account)we have the right to close your account.
Private Sessions and Personal Training
All purchases are non-refundable and non-transferable. To hold a reservation for a private session, we require a valid credit card number with an expiration date and cvv code. If you need to cancel your appointment, we ask that you provide 24 hours notice. If you are unable to notify us within this cancellation period, or do not attend your session, you will be charged in full for your missed session.
Refunds on Merchandise
Loft Fitness Club Inc. will issue store credit on goods purchased within 7 days of purchase with a valid receipt, and provided that the item has its original packaging and tags.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
Government agencies;
Search engines;
Blogs, social media sites;
News organizations;
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
From time to time, Loft Fitness Club Inc. may link to or reference other websites or organizations. These references are not protected under these terms and conditions
Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept current.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms & Conditions Changes
Loft Fitness Club Inc. also reserves the right to alter the terms and conditions and prices at our discretion. If we make any significant change to this policy, we will provide notice of the changes on this website.
Waiver of Liability
You will be required to sign a waiver of liability before attending your first class at Loft Fitness Club Inc. A copy of the waiver can be found here.
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In consideration for being permitted to sign up for, access and/or attend classes, events, activities, and other programs (individually and/or collectively, the “Classes”) and for using the premises, facilities and equipment (individually and/or collectively, the “Studio”) of this independently owned and operated Loft Fitness Club Inc. location, I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers associated with indoor cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not. I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that Loft Fitness Club Inc., provides the Studio “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Upon entering Loft Fitness Club Inc., I will inspect Loft Fitness Club Inc. and my observation and use of the same shall constitute an acknowledgment that I find and accept such premises to be safe and reasonably suited for their intended purpose(s). If I do find any unsafe or unreasonably suited conditions with this location I will immediately cease to continue with any activity and will immediately notify an employee of Loft Fitness Club Inc. of the unsafe or unreasonable suited conditions. I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of Loft CycFitness e Club Inc. and agree to use care in the use of Loft Fitness Club Inc. to protect against accidents to and by other participants. I am aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death. I understand that Loft Fitness Club Inc. shall have no responsibility to pay for medical treatment and related costs if I am injured. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of Loft Fitness Club Inc.
I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in Classes at Loft Fitness Club Inc. or enrolling in any Classes at Loft Fitness Club Inc., especially if I have a history of heart disease, high blood pressure or other chronic illness, or am unaccustomed to physical exertion or have other physical limitations. If in the subjective opinion of Loft Fitness Club Inc.’s staff, I would be at physical risk participating in Classes, I understand and agree that I may be denied access to the Classes until I furnish Loft Fitness Club Inc. with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of Loft Fitness Club Inc. and stating that the concerns of Loft Fitness Club Inc. are unfounded and without medical merit. I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio; release, indemnify, and hold harmless Loft Fitness Club Inc. , as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of Loft Fitness Club Inc.’s Studio; and represent that I:
(a) have no medical or physical condition that would prevent me from properly using any of Loft Fitness Club Inc.’s Classes,
(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise such as that offered by Loft Fitness Club Inc.
I am aware and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Loft Fitness Club Inc.’s Classes and Studio, and should not be participating in any Classes which could cause increased risk of injury or adverse health consequences as a result of exercise. I am aware and acknowledge Loft Fitness Club Inc. make no claims as to medical results that can or may be obtained through participation in Classes and use of the this Loft Fitness Club Inc. Studio. Loft Fitness Club Inc. has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of Loft Fitness Club Inc. unless such advice has been verified by participant’s licensed physician.
I further understand and acknowledge that Loft Fitness Club Inc. does not manufacture fitness or other equipment or products available in Loft Fitness Club Inc.'s Studio and therefore Loft Fitness Club Inc. will not be held liable for defective equipment or products. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Loft Fitness Club Inc. from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in Classes and use of the Studio against Loft Fitness Club Inc., or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless Loft Fitness Club Inc. from and against any such Claims.
I hereby irrevocably consent to and grant Loft Fitness Club Inc. the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by Loft Fitness Club Inc. employees, or at Loft Fitness Club Inc.'s Studio and events that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and Loft Fitness Club Inc. may make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect. I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue this Studio under certain circumstances. Further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.
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 fourteen (14) years old and under the age of majority in the province where you would like to attend a spinning class at Loft Fitness Club Inc., 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 fourteen(14 years old, the minimum height requirement of 4’10”s (125 cm), and whose parent or guardian has signed a waiver form in Studio (as described below), may sign up for classes online.