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Terms and Conditions

Petra Fisher Movement
Terms of Service

Last Modified: October 18, 2022

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Petra Fisher Platform, all Customers agree to comply with and be bound by these Terms.

Please note: Section 7 of these Terms contains an arbitration clause and class action waiver that applies to all Petra Fisher Movement Customers. It affects how disputes with Petra Fisher Movement are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

These Terms constitute a legally binding agreement (“Agreement“) between you and Petra Fisher Movement (as defined below) governing your access to and use of the Petra Fisher websites, including any subdomains thereof, and any other websites or digital platforms through which Petra Fisher Movement makes its services available (collectively, “Site“), all associated services made available by Petra Fisher Movement (collectively, “Services“), and any mobile, tablet and other smart device applications, and application program interfaces used to access the Services (collectively, “Application”). The Site, Application and Services together are hereinafter collectively referred to as the “Petra Fisher Platform”. All other terms and policies applicable to your use of the Petra Fisher Platform are incorporated by reference into this Agreement and can be accessed via the Site.

When these Terms mention “Petra Fisher Movement,” “we,” “us,” or “our,” it refers to Petra Fisher Movement Inc., located at 1-639 Saint Clarens Avenue, Toronto, Ontario M6H 3W8.

Our collection and use of personal information in connection with your access to and use of the Petra Fisher Platform is described in our Privacy Policy.

  1. Scope of Services

No Guarantee. While we may help facilitate the resolution of disputes, Petra Fisher Movement has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth or accuracy of any content on the Petra Fisher Platform, or (iii) the performance or conduct of any user, vendor or third-party. You should always exercise due diligence and care when deciding whether to use or participate in any Services, whether online or in person. Any media content on the Petra Fisher Platform are intended only to indicate a photographic or videographic representation of the Services at the time the photo or video was taken, and are therefore not an endorsement by Petra Fisher Movement of what the Services entail.

  1. Modification of these Terms

Petra Fisher Movement reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Petra Fisher Platform. Changes to these Terms shall be effective immediately upon posting, and you understand and agree that if you use the Petra Fisher Platform after the date on which the Terms have changed, Petra Fisher Movement will treat your access to or use of the Petra Fisher Platform or any Services thereof as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement with us, your continued access to the Petra Fisher Platform or use of any Services will constitute acceptance of the revised Terms.

  1. Terms Specific to Services

3.1 Services. Customers should carefully review the description of any Services you intend to use to ensure that you (and any additional customers you are booking for) meet any minimum age, proficiency, fitness or other requirements that Petra Fisher Movement has specified. At the Customer’s sole discretion, you may want to inform Petra Fisher Movement of any medical or physical conditions or other circumstances that may impact your and any additional Customer’s ability to participate in any Services. Customers are responsible for identifying, understanding, and complying with all risks that apply to your participation in any Services. Before and during any Services, Customers must at all times adhere to Petra Fisher Movement’s instructions. Petra Fisher Movement has no obligation to collect or share such information and Petra Fisher Movement does not assume any liability or responsibility for accommodating for Customer’s physical, medical or other health conditions.  

3.2 Customer Risk Acknowledgement. By using any Services, you acknowledge and agree that: (i) any risks inherent to the Service lies solely with you, including risk of illness, bodily injury, mental distress, disability, death or damage to property; (ii) you and all additional Customers meet any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements; (iii) you and all additional Customers agree to comply with any safety requirements to participate in the Service (including dress codes, equipment, etc.); (iv) it is your sole responsibility to judge your physical and mental capabilities before and during your participation in any Services, and you will not exceed your physical or mental limits while performing any activities as part of the Services; (v) from time to time, Petra Fisher Movement may suggest adjustments or equipment be used based on your level of ability and physical or mental condition, and it is your sole responsibility to determine if any such adjustments or equipment are appropriate; (vi) any other prerequisites recommended by the Petra Fisher Movement. You expressly waive and release any claim that you may have at any time for injury of any kind against Petra Fisher Movement, or any person or entity involved with Petra Fisher Movement, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

3.3 Limitations. Customers are urged and advised to seek the advice of a physician before beginning any Services, including any physical exercise regimen, routine, program or using any suggested equipment. Petra Fisher Movement’s responsibilities are limited to operating the Petra Fisher Platform and providing access to the Services. Petra Fisher Movement is not a medical organization and does not provide services, advice or diagnosis related to any medical, chiropractic or physical therapy services. Petra Fisher Movement is not responsible for any decisions made by the Customer, including through the use of any Services, and the results of participating in any Services and/or any consequences thereof. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Services. Nothing contained in the Services should be construed as any form of such medical, chiropractic or physical therapy advice or diagnosis, nor shall the Services be considered as a substitute for medical treatment or advice.

3.4 Results. Petra Fisher Movement makes no representations or guarantees verbally or in writing regarding the performance or results from using any Services. Customers accepts that, because of the nature of services and extent of Customer’s participation in the Services, the results experienced by Customers significantly vary. Customer accepts responsibility for such variance. Petra Fisher Movement and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

3.5 Survival. If you or we terminate these Terms, the clauses of this section 3 that reasonably should survive termination of these Terms will remain in effect.

  1. Disclaimers

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree that some Services may carry inherent risk, and by participating, purchasing or using those Services you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate or use those Services. You assume full responsibility for the choices you make before, during and after your participation or use of any Services. If you choose to use the Petra Fisher Platform, any content on the Petra Fisher Platform or any Services, you do so voluntarily and at your sole risk. The Petra Fisher Platform, any content on the Petra Fisher Platform and all Services offered on or through the Petra Fisher Platform are provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the Services and any laws, rules or regulations that may be applicable to the Services and that you are not relying upon any statement of law or fact made by Petra Fisher Movement as it relates to the Services.

To the fullest extent permitted by law, Petra Fisher Movement, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. Petra Fisher movement makes no warranties or representations about the accuracy or completeness of any content on the Petra Fisher Platform or in any Services and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury, disability, death or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of Petra Fisher Movement’s data and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of access to the Services, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Petra Fisher Platform, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Petra Fisher Platform.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Limitation on Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Petra Fisher Platform, any content on the Petra Fisher Platform, use of any Services or any other interaction you have with Petra Fisher Movement or other customers, whether in person or online, remains entirely with you. Neither Petra Fisher Movement nor any other party involved in creating, producing, or delivering the Petra Fisher Platform, the content on the Petra Fisher Platform, or any Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Petra Fisher Platform or any Services, (iii) from any communications, interactions or meetings with other Customers or other persons with whom you communicate, interact or meet with as a result of your use of the Petra Fisher Platform, or (iv) from the use of any Services by you, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Petra Fisher Movement has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Customers pursuant to these Terms, in no event will Petra Fisher Movement’s aggregate liability arising out of or in connection with these Terms and your use of the Petra Fisher Platform including, but not limited to, from your any Services via the Petra Fisher Platform, or from the use of or inability to use the Petra Fisher Platform, any content on the Petra Fisher Platform, in connection with any Services or interactions with others, exceed the amounts you have paid Petra Fisher Movement in the twelve (12) month period prior to the event giving rise to the liability or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Petra Fisher Movement and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. No communication of any kind between you and Petra Fisher Movement shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Petra Fisher Movement’s option), indemnify, and hold Petra Fisher Movement and its affiliates and subsidiaries, including but not limited to, Petra Fisher Movement’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Petra Fisher Platform or any Services, (iii) your, or anyone enrolled by you (if applicable), interaction with any Customer or use of any Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, or (iv) your breach of any laws, regulations or third party rights. This defense and indemnification obligation will survive this Agreement and your use of the Services.

  1. Dispute Resolution and Arbitration Agreement

7.1 Overview of Dispute Resolution Process. Petra Fisher Movement is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against Petra Fisher Movement: (1) an informal negotiation directly with Petra Fisher Movement, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. (“ADRIC”) using its Arbitration Rules (as modified by this Section 7).

7.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Petra Fisher Movement each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Petra Fisher Movement by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).

7.3 Agreement to Arbitrate. You and Petra Fisher Movement mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, our payment terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Petra Fisher Platform, the Services, any payment services, or any content on the Petra Fisher Platform (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Petra Fisher Movement agree that the arbitrator will decide that issue.

7.4 Exceptions to Arbitration Agreement. You and Petra Fisher Movement each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

7.5 Modification to ADRIC Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Petra Fisher Movement agrees that any required arbitration hearing may be conducted, at your option, (a) in Toronto, Ontario; (b) in any other location to which you and Petra Fisher Movement both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..

7.6 Modification of ADRIC Arbitration Rules – Legal Fees and Costs. You and Petra Fisher Movement agree that Petra Fisher Movement will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Petra Fisher Movement agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.

7.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

7.8 Jury Trial Waiver. You and Petra Fisher Movement acknowledge and agree that all arbitrable Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all arbitrable Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.

7.9 No Class Actions or Representative Proceedings. You and Petra Fisher Movement acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class participant in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and Petra Fisher Movement both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 7.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section 7.9 is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and Petra Fisher Movement agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

7.10 Severability. Except as provided in Section 7.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

7.11 Changes. Notwithstanding the provisions of Section 2 (“Modification of these Terms”), if Petra Fisher Movement changes this Section 7 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Petra Fisher Movement (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Petra Fisher Movement.

7.12 Survival. Except as provided in Section 7.10, this Section 7 will survive any termination of these Terms and will continue to apply even if you stop using the Petra Fisher Platform or terminate your use of the Petra Fisher Platform and the Services.

  1. Applicable Law and Jurisdiction

The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to Petra Fisher Platform, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The Petra Fisher Platform is intended for use only in jurisdictions where it may lawfully be offered for use.

  1. General Provisions

9.1 Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Petra Fisher Movement and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Petra Fisher Movement and you in relation to the access to and use of the Petra Fisher Platform.

9.2 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and Petra Fisher Movement as a result of this Agreement or your use of the Petra Fisher Platform.

9.3 No Third-Parties. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

9.4 Severance. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

9.5 Waiver. Petra Fisher Movement’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

9.6 Assignment. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Petra Fisher Movement’ prior written consent. Petra Fisher Movement may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.

9.7 Notices. Unless specified otherwise, any notices or other communications to Customers permitted or required under this Agreement, will be provided electronically and given by Petra Fisher Movement via email, Petra Fisher Platform notification, or messaging service (including SMS).

9.8 Controlling Agreement. In the event of any conflict between the provisions contained in these Terms and any other terms, marketing materials, content, communications or emails used by Petra Fisher Movement, its representatives, employees, contractors or affiliates, the provisions of these Terms shall be controlling and take precedence with respect to the subject matter hereof that conflicts with any of the aforementioned.

 

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