|PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.
By accessing or otherwise using this Website, including any pages, sub pages and all information and content thereon (collectively the “Website”), you acknowledge that you have read and agree to be bound by these terms and conditions of use.
Changes to the Terms and Conditions
GINGA FITNESS may change these terms and conditions of use at any time, without prior notice. If you access or use the Website after GINGA FITNESS posts a change, you accept that change. If you do not accept the change, do not access or use the Website. You should check these terms and conditions of use periodically.
Access and Use of the Website
GINGA FITNESS grants you a limited license to access and use the Website, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Website, its content, or any copyright or other proprietary notices.
This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies of any content in your possession. You agree that GINGA FITNESS may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason. Should you object to these terms and conditions of use or any subsequent modification, change or amendment thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website.
Unauthorized use of the Website or any content may violate copyright laws, trade-mark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of the Website
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without GINGA FITNESS’s prior written permission.
The following activities are also expressly prohibited and you agree to refrain from performing any of the following activities: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; “mirroring” or “framing” the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; use of any device or technology to provide repeated automated attempts to access password-protected portions of the Website; and any action that imposes an unreasonable or disproportionately large load on the Website or our infrastructure or otherwise interferes with the Website’s functioning.
Release of Liability, Waiver of Claims, and Indemnity Agreement
I, on behalf of myself, my heirs, next of kin, executors, administrators, representatives and assigns, hereby forever waive all claims and release, discharge and hold harmless GINGA FITNESS and their representatives and agents including, without limitation, employees, and all other entities associated or involved in the organization or staging of events or any other activities, including, but not limited to, volunteers, third party vendors, all venues in which activities or segments of activities are held, and the members, officers, directors, employees, representatives, assigns, affiliates, and agents of any of the above (collectively, the “Releases” ); for any and all losses, costs, causes of action, claims or damages, including any claim for damages for personal injury to my person or personal property damage howsoever caused, arising out of or in connection with my taking part in fitness or other related activities, notwithstanding that the same may have been contributed to or occasioned by, without limitation, the negligence, breach of contract or breach of any statutory or other duty of care of GINGA FITNESS, or any of the Releases.
I agree not to sue any of the persons or entities mentioned above for any of the claims or liabilities that I have waived, released or discharged herein; and I indemnify and hold harmless GINGA FITNESS and the Releases from and against any and all losses, claims, suits, actions, damages or liabilities (including without limitation, legal fees and disbursements) assessed against them as a result of or in connection with my actions during, and in connection with, dance, fitness, martial arts or other related activities with GINGA FITNESS.
Assumption of Risk
I acknowledge that I am aware of the possible risks, dangers and hazards associated with participating in dance, yoga and other related activities, including the possible risk of severe or fatal injury and property loss. I hereby assume these risks which include, but are not limited to: the possibility of physical injury to myself and others such as muscle strain, broken bones, concussion, soft tissue damage, infectious diseases, and cardiac arrest.
I certify that I have not been advised against participating in dance, martial arts or other related activities by a qualified health professional. I acknowledge that GINGA FITNESS, permitting me to participate in dance, martial arts and other related activities, accepts my statements on this release waiver.
Assumption of Risk – Online Classes
- I recognize that dancing requires physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
- I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Online Dance Classes. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the Online Dance Classes.
- In consideration of being permitted to participate in the Online Dance Classes, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of participating in the program.
- In further consideration of being permitted to participate in the Online Dance Classes, I knowingly, voluntarily and expressly waive any claim I may have against GINGA FITNESS and/or its agents for injury or damages that I may sustain as a result of participating in the program.
- I understand that recording of the Online Dance Classes is strictly prohibited. I agree to not reproduce, sell, share or distribute any recordings of the Online Dance Classes.
- I understand that music used in the videos is not property of GINGA FITNESS and is for educational purposes only. By signing up or participating in GINGA FITNESS Online Dance Classes does not grant me a license or permission to use third party copyright materials including music.
- I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue GINGA FITNESS and/or its agents for any injury caused by their negligence or other acts.
I hereby grant full permission to GINGA FITNESS to use any photographs, recordings or any other record of my participating in dance, martial arts or any other related activities for any purpose including, without limitation, commercial use.
The law that governs this Agreement shall be the law of Ontario, Canada.
The Service includes automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize GINGA FITNESS or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee,” please see our website. You agree that your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. GINGA FITNESS or its third party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service through your account settings page or by contacting us at: firstname.lastname@example.org
Posting and Transmitting to the Website
Information posted to the website is treated as confidential and proprietary information.
You may not post, upload, publish, transmit or otherwise distribute any unlawful, fraudulent, harassing, libelous, threatening, defamatory, sexually graphic, obscene, inflammatory, profane, or other inappropriate information or material of any kind which constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability.
You acknowledge that GINGA FITNESS has the right, but no obligation, to monitor the Website and to disclose any information necessary to operate the Website, to protect its and its licensors and its customers, and to comply with legal obligations or governmental requests. GINGA FITNESS reserves the right to edit or refuse to post or to remove any information on the Website, in whole or in part, for any reason.
Accuracy of Information and Disclaimer of Warranty
GINGA FITNESS has made every effort to present the content on the Website accurately, but additions, deletions and changes may occur. Content on the Website is provided “as is” and “as available”; neither GINGA FITNESS nor its affiliates or their representatives make any representation or warranty of any kind or nature, either express or implied, with respect to the content.
GINGA FITNESS and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose. You acknowledge that your access to the Website will not be free of interruptions, that the information contained on the Website may have errors or technical inaccuracies and that the Website may be unavailable from time to time.
Limitation of Liability
Under no circumstances will GINGA FITNESS or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) the Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk.
Links to this Website
You may not link to this website from any other website. You may not use the GINGA FITNESS’s, or any of its affiliates’ logos, trade-marks or name or other proprietary graphic in the link without the prior written permission of GINGA FITNESS.
The material provided on this Website is protected by law, including, but not limited to, Canadian copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. The copyright in the content of the Website is owned by GINGA FITNESS or others. Except for the limited rights granted above, all other rights are reserved.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE BY REGISTERING ONLINE I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I, OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNEES, MAY HAVE AGAINST THE ORGANIZERS AND RELEASES.