Terms & Conditions
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SLOW MEDICINE COMPANY INC.
PLEASE READ IT CAREFULLY BEFORE USING THE SLOW MEDICINE COMPANY WEBSITE OR SERVICES.
Last Updated: SEPTEMBER 1, 2022
These Terms and Conditions (“Terms and Conditions”), including the Client Agreement attached as Schedule “A” to these Terms and Conditions (the “Agreement”) govern your relationship with SLOW MEDICINE COMPANY Inc. (“SMC”, “our”, “us”, “we”), including, but not limited to your use of the SMC website located at www.slowmedicinecompany.com (the “Site”), your booking and purchase of SMC membership or classes, your right to cancel any purchases of SMC membership or classes, your purchase of merchandise, your communication with SMC, your use of and attendance at SMC studios (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).
If you choose to purchase SMC membership or classes online, this Agreement sets out the rights you are entitled to under consumer protection laws to cancel that purchase.
By visiting and/or using the Site and/or utilizing any of our Services, you signify your agreement to be bound by the Terms and Conditions and you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. If you do not agree to the Terms and Conditions or our Privacy Policy, please do not use the Site or our Services.
When you visit or use our Site, or communicate with SMC via email, you are communicating electronically. You will receive communications from SMC electronically in accordance with the consent that you provide to us. SMC will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures, and other communications that SMC provides electronically, satisfy any legal requirement that such communications be in writing.
We may modify, revise or update the Terms and Conditions at any time by updating this posting. Each time you use the Site, the version of the Terms and Conditions then posted will apply to that use, so you should check this page each time you use the Site.
WEBSITE TERMS OF USE
Ownership
The contents of this Site are owned by SMC or are made available to you by SMC under license from a third party. While we are allowing you access to the Site, you acknowledge that your use of the Site is governed by applicable copyright, trademark or other intellectual property laws. You have the right to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of booking classes, making purchases, or other personal use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SMC, is strictly prohibited.
You agree that the contents of this Site may not be copied or scraped for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise. Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Non-Solicitation Policy
The sender of any communications to this Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
Any personal information included in electronic communications to this Site is governed by our Privacy Policy.
Links to Other Websites
Our Site may provide links or references to websites operated by third parties. These third-party websites are not governed by the Terms and Conditions but by other policies that may differ from the Terms and Conditions. In visiting any third party websites, whether linked to this Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third-party website or any content in such website. We encourage you to review the terms of use of each website visited before using those websites.
No Warranties / Limitation of Liability
The Site is provided on an “as is” and “as available” basis and you are using it at your own risk. We make no representations or warranties, express or implied, about the Site or its contents including, without limitation: any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.
In accessing this Site or any other you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access this Site in respect of any such potential risks.
In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of this Site, even if we have been advised by you of the possibility of such loss, damages or injury.
PURCHASING SLOW MEDICINE COMPANY SERVICES, MEMBERSHIPS, CREDIT PACKAGES & GIFT CARDS
Registering a User Account
In order to purchase memberships, classes or series of classes, you must create a user account (“Account”) by selecting a username and a password. You agree and understand that you are responsible for maintaining the confidentiality of your username and password. Your username and password, together with any other user information you provide, form your Profile Information and allow you to access your Account. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying SMC immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
Should you request to delete your account, your Account will be fully deleted and will not be accessible for reactivation.
Use of the Site by Minors
If you are under the age of majority in the province in which you are using the Site (a “Minor”), SMC does not accept the online registration by Minors; please do not attempt to register on the Site if you are a Minor. Registration of a Minor must be completed in person at one of our Studios with a parent or guardian. Minors who meet the minimum age requirement of twelve (12) years old, and whose parent or guardian has signed a waiver form electronically may sign up for classes.
Purchasing Memberships, Classes and Gift Cards
You can purchase a SMC services, memberships, or class pack online . To purchase services, classes or to purchase memberships online, you will first need to create an Account (as described above). If you are already registered, simply login to your account.
In order to be eligible to book a class, you must first purchase a membership, individual class or series of classes. Once you buy your membership, class or series of classes, you can then book a class online. The memberships, classes and series of classes offered at our Studios, as well as the current prices for memberships, individual classes and series of classes are described on our Site. Please note that memberships, classes and series of classes expire; the expiration dates are set out on the website upon purchase.
In order to be eligible to book a service, you must first enter your credit card number to hold your appointment. Full value of the appointment will be charged in the event of a no show or late cancellation (24 hrs notice).
Prices for memberships, individual classes and series of classes are subject to change. However, SMC will honour any membership rates that you have purchased, regardless of whether there has been a price increase since your purchase, until the contract expires.
In addition to memberships, classes, and series of classes, you can also buy gift cards. Gift cards may only be purchased in person at one of our studios or online. You do not need to register a user account in order to purchase a gift card. Gift cards do not expire. Once a membership, class or series of classes is purchased using a gift card, the membership, class or series of classes will expire, just like any other membership, class or series of classes you buy.
GENERAL TERMS AND CONDITIONS
Indemnity
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless SMC, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of the Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Site is controlled and operated by SMC from its offices in the Province of Ontario, Canada. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms and Conditions must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.
These Terms and Conditions constitute the sole and entire agreement between you and SMC with respect to the Site. The Terms and Conditions supersede any other agreement, whether oral or in writing, and render any other agreement regarding the Terms and Conditions of the Site null and void.
If any provision of the Terms and Conditions shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
You agree that this agreement is specifically enforceable by SMC by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if SMC does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which SMC has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to SMC.
CANCELLATION POLICY
SMC has a 3-hour cancellation policy for all classes after 8AM and a 10-hour cancellation policy for all classes prior to 8AM. If you cancel your reservation before this timeframe, your credit will be returned to you. If you cancel your reservation after this point, your credit will be lost.
NO-SHOW POLICY
In the event that you do not cancel your reservation within our cancellation window and fail to attend your scheduled class or service, your class credit will be lost.
ONLINE WAITLIST POLICY
Up to 1 hours before class or service - You may add yourself to the waitlist. When a spot becomes available, you will be automatically emailed added with a direct link to the specific wellness service or class time to book yourself in. This is a first respond first served system.
1 hour - 30 minutes before class - During this window, if a reservation becomes available a member of staff will call the phone number on your SMC account, according to your position in the queue. If you confirm that you would like to secure the available reservation, you will be added to the class or service time. If you do not wish to attend, or do not answer, you will not be added to the class, and we will call the next client in the queue.
ARRIVING LATE
We recommend arriving 5-10 minutes ahead of time to ensure you get the full SMC experience. That being said, as long as you arrive prior to the class start time you are permitted to attend the class. Clients arriving once the class has started will be deemed a “no show” and subject to the no show penalty fee.
Agreement of Release and Waiver of Liability & Acceptance of Risk
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SLOW MEDICINE COMPANY INC. PLEASE READ IT CAREFULLY.
In order to attend any fitness classes offered by SLOW MEDICINE COMPANY INC (“SMC”, “our”, “us”, “we”) at any one of our Studios, you (or your parent or guardian if you are under the age of majority) must first enter into a SMC Agreement and must sign electronically this Agreement of Release and Waiver of Liability & Acceptance of Risk (the “Agreement”) agreeing to the following.
As a participant in SMC yoga/fitness classes & wellness services, I recognize and acknowledge that there are certain risks of physical injury including, but not limited to death which may arise from accidental contact, falling or other causes. I have no physical condition, which would present a risk of injury to me through my participation in SMC yoga/fitness classes & wellness services. Notwithstanding any instruction or consultation by a representative of SMC, I agree to assume responsibility for any such injuries, damages or loss which I may sustain as a result of participating in any and all activities connected to or associated with SMC, except if caused by the sole negligence of SMC.
I hereby release, waive and discharge SMC, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives from any and all liability, claim, damages and losses arising out of any loss, damage or injury that may be sustained by me or to any property belonging to me while participating in any and all activities connected to or associated with SMC.
It is my express intent that this Agreement shall bind the members of my family, my heirs, and assigns. I further agree that participation in any SMC fitness classes & wellness services will be at my own discretion and judgment. I further understand that should SMC discover that I have not satisfied any one of these requirements, it may, but is not required to, terminate my participation in a yoga/fitness class & wellness services. I acknowledge and agree that there are no cancellations, refunds and or exchanges from the purchase of any service, package, memberships, classes or series of classes, other than as prescribed by law. I also acknowledge and agree that SMC services, memberships, classes and series of classes may not be transferred or shared.
Warranty Disclaimer and Limitation of Liability
To the maximum extent permissible by law, the SMC services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, SMC disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.
Under no circumstances will SMC, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the SMC services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will SMC cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the SMC services exceed one hundred Canadian dollars (CDN $100.00). Some provinces do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, certain of the above limitations in this section may not apply to you.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to this Agreement must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.
This Agreement constitutes the sole and entire agreement between you and SMC with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement is specifically enforceable by SMC by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if SMC does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SMC has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to SMC.
Contact Information
If you have any questions about this Agreement, please contact us at the information below:
Slow Medicine Company – hello@slowmedicinecompany.com