TERMS & CONDITIONS
Terms and Conditions
Last updated: September 16, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any North X Fitness online and mobile applications (the “Service”) operated by North X Fitness (“us”, “we”, “our” or “NXF”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who choose to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or North X Fitness cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting North X Fitness customer support.
A valid payment method, including credit card, is required to process the payment to gain access and retain your Subscription. You must provide North X Fitness with accurate and complete billing information including full name, address, province/state, country, postal/zip code, telephone number, and valid payment information. By submitting payment information, you automatically authorize North X Fitness to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, and monies are owed, North X Fitness will issue an electronic invoice via email indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If money is not owed to North X Fitness, access to the Subscription will no longer be permitted.
North X Fitness in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
North X Fitness/NXFAffiliate will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law or otherwise indicates in the subscription contract, paid Subscription fees are non-refundable. If the subscription contract indicates a refund in 7 days or less and the subscriber has already received a free trial within that time frame then there are no refunds permitted under any circumstance for any Subscription.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
North X Fitness Services and Marketing may contain links to third party web sites or services that are not owned or controlled by North X Fitness.
North X Fitness has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that North X Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
For all inquiries, please contact North X Fitness
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between
“CLIENT” – Consumer
“COMPANY” – NorthXFitness
ASSUMPTION OF RISK: You agree that if you or any of your respective clientele and/or representatives engage in any physical exercise or activity whether online or in person, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while
engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any of our programming, premises or facility you attend, or using any equipment, whether provided to you or by you, including injuries or damages arising out of the negligence of Client, whether active or passive, or any of Clients affiliates, employees, agents, representatives, successors, and assigns.
You assume the risk of yours, your clientele and representatives participation in any NorthXFitness activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, and recreational endeavor.
You agree that you are voluntarily participating in the aforementioned activities and programs and assume all risk of injury, illness, damage, or loss to you, your property, your clientele and/or representatives that might
result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Client or otherwise.
RELEASE: You agree on behalf of yourself (and all your clientele, personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge NorthXFitness (and affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of yourself, whether active or passive, or any of your affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability include, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training and group training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of premises or while traveling to or from personal training, including injuries resulting from Clients or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless any assigned Trainer, program and NorthXFitness from any loss, liability, damage, or cost Client may incur due to the provision of any NorthXFitness Coaches Training Program by you to your clients and representatives.
ACKNOWLEDGEMENT: You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against NorthXFitness for any negligence, or for any defective product used while utilizing our services. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.