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TERMS OF SERVICES

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.playground-fitness.com ("the Site") operated by Eighty Eight Lifestyle and Performance Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.playground-fitness.com

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By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Playground Services. You are only authorized to use the Playground Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Playground website and discontinue use of Playground Services immediately. If you wish to take a class or classes at Playground, you must read these Terms of Service and indicate your acceptance during the registration process.

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ACCOUNTS

In order to access some features of the website, you will have to create a Playground account through Mindbody. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

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GENERAL TERMS AND CONDITIONS

  • Instructors and classes are subject to change without notice. Please visit the Playground class schedule for updates.

  • All sales are final. Classes are non-refundable, exchangeable or transferable.

  • All classes must be prepaid.

  • Playground is not responsible for any bank overdraft fees.

  • Playground only accept credit/debit cards, we do not accept cash payments.

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Late Policy

  • If you are over 5-minutes late, your spot may be given to a standby student.

  • To ensure the safety of our clients, if you have never tried Playground before and are over 5-minutes late you will not be permitted to enter the class. We require that all new students receive a proper introduction to the instructor and suggest arriving 10-minutes before class begins.

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NO-SHOW & CANCELLATION POLICY

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CANCELLATIONS

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"Membership accounts", "Personal Training" and "Play pass"

  • You must cancel your class 6 hours or more prior to class start time

  • Once your spot is cancelled prior the 6 hour period, the class will be returned to your account for use at a future date (for Playpass and First Time Trial Pass Only).

  • If you cancel less than 6 hours prior to class start time, you will be charged $15 to your credit card on file for  "Membership accounts" or your class will be counted as a used for "Class pass" and drop-ins.

  • All late-cancellation fees will automatically be charged to your credit card on file.

  • Personal Training Sessions must be cancelled 12 hours prior appointment time. If you cancel less than 12 hours prior to class start time, the session will be returned to your account or use and you will be charged $30 to your credit card on file.


 

NO-SHOWS

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Drop-In and Class Packages

  • No-shows and late cancellations will be deducted a class into their account.

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Unlimited Memberships​

  • If you do not show up to class, you will be charged $15 to your credit card on file.

  • All no-show fees will automatically be charged to your credit card on file.

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​Membership Expiration and account holds

  • All Drop-In Passes (1) month after the sale date.

  • 10 Play Pass Packages expire (3) Months and 20 class expires (6) months after sale date.

  • Unlimited passes expires after sale date.

  • Personal Training Packages have 1 Year Expiry from purchase date.

  • We do not offer extensions for "Play Passes".

  • You can place an account hold for a maximum of 8 weeks  per account year on any "Membership Accounts". Account year restarts on January 1st.

  • For any medical issues, please contact the studio directly.

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Return/Refund Policy:

  • We do NOT offer refunds on any Drop-Ins, Play Pass Packages, Unlimited Memberships, apparel or any merchandise.

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​Transfers:

  • All Class Packages, Unlimited Memberships, and Workshops are non-transferable.

  • All class credits must be used by the original purchasing client.

  • You can purchase a pass or membership for another client.

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​​​Deals and Discounts:

  • ​​Promotions and discounts are NOT applicable to New Client Specials.

  • Promotions and discounts is only redeemable in studio, not online. Unless provided with Promo code.

  • "Trial Passes" and "First Class Free Offer" is limited to one time use only per person. 

 

MEMBER SERVICES AND POLICIES

 

"Play pass"  include 10 or 20 Play Pass.

"Membership accounts" include Unlimited Pre-paid pass, Unlimited memberships (Playground Unlimited Access).

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MEMBERSHIP CANCELLATIONS​

  • We don't offer refunds. All sales are final.

  • Playground Unlimited Access (Auto-Renewal Membership) needs a 30-day cancellation notice that is sent to hello@playground-fitness.com with headline stating "Cancellation". Playground Unlimited Access must be past the 3 Month commitment (Only applicable to Auto-Renewal Membership). No verbal or text requests will be honored for cancelling memberships.

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​RESERVATIONS

YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.

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PERSONAL BELONGINGS

You agree that Playground is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

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​STUDIO RULES AND REGULATIONS

  • Towels and appropriate workout attires are required during class.

  • Put away all equipment at the end of class.

  • Do not bring your gym bag or other personal belongings onto the fitness floor.

  • Towels and appropriate workout attires are required during class.

  • All prior or existing injuries must be reported before each class. ​

  • Refrain from yelling, using profanity, banging weights and making loud sounds.

  • Students may not vary from instructed exercises unless specifically modified by Playground trainer.

  • You should arrive at least 5 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the wait-list.

  • Reserved classes must be changed or canceled before 4 hours of scheduled time or late cancellation fee will be applied.

  • All class packages are subject to a no show penalty/late cancellation fee of $15.00

  • All classes and packages are non-transferable and non-refundable. No exceptions.

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​LIMITATION OF LIABILITY

By signing your initial contract and/or attending classes, events, activities, and other programs and using the Playground studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Playground workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Playground strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Playground classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to Playground classes and studio facilities, (2) release, indemnify, and hold harmless Playground , subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Playground classes or Playground studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Playground 's classes and studio 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 participating in Playground classes and use of studio facilities, and should not be participating in any classes.

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INTELLECTUAL PROPERTY AND TRADEMARKS

The content on the Playground website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Playground , Subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Playground reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Playground.

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You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

"Playground," "PlaygroundBBY," and the Playground icon and other graphics, logos, word marks, and designs are trademarks of Eighty Eight Lifestyle and Performance Inc. and/or other countries for which applications are pending. Playground 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Playground .

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​TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by Eighty Eight Lifestyle and Performance Inc.

Eighty Eight Lifestyle and Performance Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

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GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of British Columbia, Canada, without giving effect to any principles of conflicts of law.

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CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 14 years of age or older. Any registration by, use of or access to the website by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using Playground Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 14 and 18 may register on our website only with the involvement of a parent or guardian.

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TERM

These Terms of Service shall remain in full force and effect while you use the Playground Services or attend classes. You may terminate your membership at any time, for any reason, by contacting your local studio directly via phone or email. Playground may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

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FEES

You acknowledge that Playground charges fees for its services, and Playground reserves the right to change its fees from time to time in its discretion. If Playground terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

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ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by Playground on the website, shall constitute the entire agreement between you and Playground concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Playground 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Playground reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Playground website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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​ARBITRATION

YOU AND PLAYGROUND AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

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CONTACTING US

If you have any questions about these Terms of Service, the practices of Playground or its services, or your dealings with this site, please contact us at:

http://www.playground-fitness.com

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5449B Kingsway

Burnaby, British Columbia

V5H 2G3

hello@playground-fitness.com

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These Terms of Service have been updated and effective as of January 15, 2018.

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