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Terms of Use & Waiver

CUSTOMER WAIVER FORM

Notice: this is a legally binding agreement. Alterations of this agreement are permitted.

In consideration for participating or engaging in exercise activities, services, classes, events, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Motiv Pilates (MP) (business name- Serendipity Yoga and Pilates Inc.), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in Pilates, yoga, fitness and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You understand and acknowledge that fitness or exercise activities, services and/or use of equipment have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. In particular, you understand that the risks associated with your participation in strenuous exercise include but are not limited to, abnormal blood pressure and heart rate, fainting and heart attack. You understand that there are also unforeseeable accidents, which may occur, and you assume all risks associated with such accidents. You agree that it is possible that the equipment being used might malfunction, be defective, and/or fail.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the MP staff, you would be at physical risk participating in MP Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish MP with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing MP’s concerns and stating that those concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby RELEASE, WAIVE, DISCHARGE and HOLD HARMLESS Motiv Pilates (MP) (business name- Serendipity Yoga and Pilates Inc.), its agents, officers, shareholders, Directors, employees, volunteers, participants, exercise equipment builders and installers, exercise equipment designers, exercise equipment manufacturers, lessors, insurers and all other persons or entities acting in any capacity on their behalf from any and all liability, claims, actions or losses from bodily injury, property damages, wrongful death, loss of service, demands or any other causes of action, without limitation, that you may hereafter have arising out of your participation in fitness or exercise activities, services, and/or use of equipment including, but not limited to, LOSSES CAUSED BY THE NEGLIGENCE of the RELEASEES.

In consideration of taking part in MP classes and activities, you also represent that you (a) have no medical or physical condition that would prevent you from properly using any of MP’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Motiv Pilates’ Classes and Facilities, and should not be participating in any Classes.

I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Website Terms

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Motiv Fitness & Pilates (business name- Serendipity Yoga and Pilates Inc.) relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Motiv Fitness & Pilates, Motiv; or ‘us’ or ‘we’ refers to the owner of the website whose registered office is in Toronto, On. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

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