IMPORTANT: READ THIS USER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE PROCEEDING.

THIS AGREEMENT IS BETWEEN YOU AND FUN FIT DANCE FOR FUN FIT DANCE SERVICES SELECTED BY YOU AS PART OF THE ENROLLMENT PROCESS (MEMBERSHIP AGREEMENT).

BY COMPLETING THE ENROLLMENT PROCESS OR CLICKING THE “I ACCEPT” OR “I AGREE” BUTTON ON THE FUN FIT DANCE ONLINE PORTAL, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY LOG OFF THE PORTAL.

For purposes of this Agreement, the words “we”, “us”, “our” and “FUN FIT DANCE ” mean and refer to FUN FIT DANCE, its affiliates and any agent, including sales agents, independent contractors or assignees that FUN FIT DANCE may, in its sole discretion, involve in the sale or provision of the FUN FIT DANCE Services. The words “You”, “Your”, or “User” refer to the person or entity identified as the user during the enrollment process. “Fitness Coach”, if applicable, refers to the entity or person that supported your enrollment into the FUN FIT DANCE services. “Member”, if applicable, refers to other persons in a Training Facilitator’s program.

1. Accuracy of Information. You must be at least 13 years of age to use the FUN FIT DANCE services. You hereby represent and warrant that all enrollment information, entries, posts and responses, including without limitation, your name and contact information is yours, is truthful and accurate.

2. FUN FIT DANCE Services. FUN FIT DANCE provides Users and, if applicable, User’s Coaches, and Members with access to an online portal to assist players, students, coaches, schools, athletic programs, trainers and Trainees in developing and maintaining a system to track, support, report and maintain a consistent physical training or exercise program, and share information and videos.

3. User Code of Conduct. You shall not use the FUN FIT DANCE services, online portal or content in violation of this agreement and or applicable laws.

  1. You represent that you own or have the rights to use the content you post or share on this site, and that it does not violate any privacy rights, publicity rights, contractual rights, or intellectual property rights of any other person, or entity, and that you agree and acknowledge to the sharing of this information with others to include, but not limited to your Coach and other members;
  2. You are strictly prohibited from using the FUN FIT DANCE services to communicate, post or share information that is patently offensive, vulgar, contains adult content to include nudity, promotes hatred, bullying, bigotry, racism, against any person or a person of a protected class based on race, creed, color or sexual orientation, or offensive subject matter or contains a reference or link to a third party site that may contain such material.
  3. You shall not post information, videos, material or links to information that is false or misleading or promotes any illegal or criminal activity to include gambling, drug dealing, child pornography, fraud, stalking or violating any other user’s privacy or intellectual property or that is abuse or threatening, obscene, defamatory, or libelous or any content that is pirated or otherwise in violation of the owner’s intellectual property rights.
  4. You shall not use the FUN FIT DANCE service to solicit other Users information for purposes other than for the FUN FIT DANCE services.
  5. You agree and acknowledge that FUN FIT DANCE can and will remove any content you post especially any that does or is alleged to violate or infringe the copyright of a third party and You agree to immediately notify FUN FIT DANCE if you know or suspect that another person has posted any material that violates this Agreement to include the copyright of third party.

4. Fees. If you are being enrolled under a membership program then you have agreed to pay for your initial enrollment in the FUN FIT DANCE Services. If you are using the FREE version of FUN FIT DANCE you will only have access to the FREE content offered. You agree to also pay the fees for any additional services that you may select in addition to the FUN FIT DANCE program. You may cancel your membership any time by contact coachmichelle@funtidance.ca

5. Use of Services. Your right to use the FUN FIT DANCE services is subject to your adherence to all provisions of this Agreement. You acknowledge and understand that physical training and exercise programs involve inherent risks, including, without limitation, risks related to physical harm and injury, to include death. It is Your sole responsibility to ensure that You are physically able to perform, to include medical clearance by a licensed physician (You may visit 2020 PAR Q form to check readiness) http://eparmedx.com/wp-content/uploads/2013/03/January2020PARQPlus_Image.pdf  FUN FIT DANCE is providing a service to help you track and report your physical exercise program as designed and developed by You to your coach and other Members, if applicable.

  1. Your use of the FUN FIT DANCE services, online portal, posts, reports and other information may only be used for the stated purposes in this Agreement for your personal use or in conjunction with your coach in accordance with all applicable laws. You shall not use the FACEBOOK GROUP OR WWW.FUNFITDANCE.CA for any commercial activity, marketing or method solicit other users to buy or review any other services or products. You shall take reasonable measure to protect your online portal access code and information and shall limit access to the FUN FIT DANCE portal account to only you and/or your coach, and member, if desired. You shall be solely responsible for notifying FUN FIT DANCE when you are no longer using the FUN FIT DANCE service in conjunction with coach and you must disable their access to your information, reports, posts and other information. You shall not copy, disclose, modify, decompile, disassemble, alter, tamper, translate or reverse engineer any aspects of the FUN FIT DANCE services or online portal. You shall notify FUN FIT DANCE immediately if you know, suspect or have reason to know that you or anyone you have granted access to the FUN FIT DANCE services have violated any provision of this Agreement and if you suspect that someone has gained unauthorized access to your account and information. In such a case, you shall take immediate action to change your online access code and information.
  2. You assume full responsibility to backup and/or otherwise protect your data against loss, damage or destruction prior to and during all phases of the FUN FIT DANCE services, and to take appropriate measures to respond to any potential adverse impact of the systems or disruption of service. You agree that FUN FIT DANCE will not be liable for any damages attributable to the FUN FIT DANCE Services, except and to the extent caused by FUN FIT DANCE’s gross negligence or willful misconduct.

6. Privacy & Authorized Disclosure. Use of and access to the FUN FIT DANCE services is provided on a service basis only and subject to our privacy policy as published on this site. You should not consider that any information, posts, links or any information shared as part of the UN FIT DANCE services is confidential, secure, or otherwise not accessible to others and you should carefully consider posting personal or other private information on the FACEBOOK GROUP OR WWW.FUNFITDANCE.CA site or within the services as it is subject to public disclosure.

PLEASE REVIEW OUR PRIVACY POLICY 

7. Term and Termination.

  1. This Agreement will commence immediately upon your clicking on the “I Accept” or “I Agree” button and shall continue until otherwise terminated. This Agreement may be terminated at any time: (i) by FUN FIT DANCE immediately if you violate any provision of the Code of Conduct or Use of Services or for any reason FUN FIT DANCE deems; and, (ii) by you if you are no longer participating in the Membership Program.
  2. If any payment is not received when due, FUN FIT DANCE reserves the right to disable your access to the FUN FIT DANCE portal and/or other services.
  3. If you choose to terminate your Membership with FUN FIT DANCE, you will finish your current month and you will not be renewed.
  4. Your FUN FIT DANCE dance membership will be charged on a monthly basis OR yearly depending on the plan you choose.

8. Proprietary Rights. You acknowledge and agree that, as between FUN FIT DANCE and You, all right, title and interest in and to the FUN FIT DANCE portal and its contents, any part thereof, and other FUN FIT DANCE proprietary processes and solutions included in the services under this agreement, all patents, trademarks copyrights, trade secrets and all other intellectual property rights therein and thereto, and all copies thereof, in whatever form, including any written documentation shall at all times be and remain solely with FUN FIT DANCE. FUN FIT DANCE does not claim ownership in the information, text, posts, images, videos, links, photos or other items User posts on the FUN FIT DANCE online portal or their account and YOU are solely responsible for any 3rd party content YOU post or generate or which You are featured in or visible.

9. Limitation of Liability; Disclaimer of Warranties.

  1. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, FUN FIT DANCE CUMULATIVE AGGREGATE LIABILITY FOR ANY LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL BE LIMITED TO THE ACTUAL DAMAGES SUFFERED BY YOU.
  2. IN NO EVENT SHALL EITHER PARTY, THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. THIS AGREEMENT IS A SERVICE AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FUN FIT DANCE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.
  4. FUN FIT DANCE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. NOR DOES IT WARRANT THAT THE CONTENT POSTED BY USERS IS ACCURATE AND TRUTHFUL.
  5. You acknowledge and agree that the provisions and limitations of this section are essential to this Agreement and that absent them, FUN FIT DANCE would not have entered into this Agreement.

10. Indemnification. Each party shall indemnify and hold harmless the other party and its Affiliates and their respective officers, directors, employees, partners, agents, successors and assigns from, and shall defend the other against, any costs, liabilities, damages or expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim (i) that the party has infringed upon the intellectual property rights of another and (ii) attributable to breaches of the other party’s express representations and warranties contained in this Agreement.

11. Communications. You agree to accept communications from FUN FIT DANCE via email, text or other electronic form.

12. General.

  1. All notices hereunder shall be in writing and shall be deemed given when personally delivered, or when sent by facsimile transmission with receipt confirmed, one day after being sent by a reputable overnight courier, or three business days after being mailed by certified mail, return receipt requested, in each case directed: (i) if to User, to the address shown during the enrollment process and/or by way of posting on the FUN FIT DANCE online portal; (ii) if to FUN FIT DANCE: coachmichelle@funfitdance.ca, Attention: Michelle Sciarra; or (iii) to such other addresses for each party as specified by such party in a notice given to the other party.
  2. The parties agree that they are acting hereunder as independent contractors and that nothing contained in this Agreement shall be deemed or construed by the parties hereto, or any third party, to create the relationship of agency, partnership or joint venture between the parties. No party to this Agreement has, and shall not hold itself out as having, any authority to enter into any contract or create any obligation or liability on behalf of, in the name of, or binding upon the other parties.
  3. Neither party may assign, delegate nor otherwise transfer the rights or obligations associated with this Agreement, in whole or in part, without the prior written consent of the other party; provided however, no written consent shall be required to assign this Agreement to any parent or the wholly owned subsidiary of the party. Furthermore, no written consent shall be required for FUN FIT DANCE to assign this Agreement to its successor as a result of a merger, acquisition, sale, transfer or other disposition of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
  4. FUN FIT DANCE may subcontract with one or more affiliates or third parties to provide any service required to be provided by FUN FIT DANCE hereunder, provided that no such use of subcontractors shall relieve FUN FIT DANCE of its obligations under this Agreement.
  5. This Agreement constitutes the complete and exclusive statement of the agreement between the parties, and supersedes and merges all prior proposals and all other agreements, whether oral or written, between the parties relating to the subject matter hereof. Any documents of User referring to such party’s terms and conditions, such as vendor manuals, codes of conduct, requests for proposals, purchase orders or invoices that are not expressly contained or incorporated herein, or are contrary to the terms and conditions contained herein, shall not be binding upon FUN FIT DANCE. No change, modification, or waiver of any term or condition of the Agreement shall be valid unless in writing signed by each party. Notwithstanding, FUN FIT DANCE may update this Agreement in the event that the laws and regulations require, or other applicable standards are changed or updated. For purposes of this section, an electronic notice intended to modify or amend this Agreement and which you click “I Accept” or “I Agree” or otherwise accept through an electronic process, shall constitute a writing as required herein. The waiver or failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
  6. If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
  7. This Agreement shall be construed and governed in accordance with the laws of the province of Ontario, excluding its conflict of law provisions. Any litigation arising out of or related to this Agreement shall be commenced and maintained exclusively in the province court of law.
  8. Neither party will be liable to the other under this Agreement if delayed or prevented from performance by causes beyond its control including, but not limited to, fires, floods, strikes, acts of God, war, insurrection, governmental restrictions, or other causes of a like or different nature beyond the control of such party.
  9. FUN FIT DANCE and User irrevocably waive any and all rights they may have to a trial by jury in any judicial proceeding involving any claim relating to this agreement.

Nothing herein expressed or implied is intended to or shall be construed to confer upon or give any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.