Copyright Notice
All of the Content you see on this Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC, one of its affiliates or by third parties who have licensed their materials to Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC. The entire Content of the Stretchzone.ca Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Stretchzone.ca Website, and the site, are intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC.
Submissions
We welcome your feedback regarding the Stretchzone.ca Website as well as our store locations. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Stretchzone.ca shall be and remain the exclusive property of Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC. Your submission of any such Comments shall constitute an assignment to Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Disclaimer
This site and all contents of this site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC shall not be liable for any damages of any kind related to your use of this site. While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding Stretch Zone locations, its operations, programs, and offers, please contact a Stretch Zone location or the corporate contact information provided on this site.
Indemnification
You agree to defend, indemnify and hold Stretch Zone Franchising LLC / Stretch Zone Franchising Canada, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
Contacting Stretch Zone
For general questions about our services, you may contact Stretch Zone by e-mail, below: E-mail: [email protected]
Termination of the Website
Stretch Zone may, at any time without notice or liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website, all without any notice or liability to you or any other person. If you breach any provision of this agreement, we may prohibit you from using this Website.
If this agreement or your permission to access or use the Website is terminated by you or by Stretch Zone for any reason, then: (a) this agreement will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom; and (b) Stretch Zone may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.
Terms and Conditions of Stretch Zone Month-to-Month Program
Introduction: A Stretch Zone Month-to-Month Program offers varying amounts of 30-minute stretch sessions per month that will renew month over month.
Please be informed that our programs are designed to renew automatically each month. This ensures that your program will continue on a month-to-month basis unless either party provides a 30 day advance notice of cancellation. To cancel, the Customer must submit a notice via the electronic cancellation form. Please note that all payments must be up to date to successfully terminate the agreement. The Customer remains responsible for all monthly payments until the cancellation process is properly completed.
Membership Fees and Payment: The monthly membership fee is CAD 109.00 – 775.00 depending on the program chosen and the home studio that the Member enrolled at (pricing may vary by location). This fee is auto-renewed each month unless the member initiates cancellation in accordance with the terms of the membership agreement. Stretch Zone may vary the fee, from time to time, by providing its Members with prior advance written notice of the increase with at least thirty days but no more than 90 days prior to the change in membership fee.
Session Rollover: Monthly sessions can accrue and roll over from month to month as long as the membership is active. Unused accrued sessions will expire and be forfeited if not used within 90 days of membership cancellation.
Cancellation Policy: In addition to any other cancellation rights set out in your membership agreement, you may cancel this membership at any time by providing a 30-day notice. To cancel, you must request a Cancellation Link from your studio. Once the online form is submitted via the Cancellation Link, your account will be set for cancellation effective 30 days from the submission date. The effective date of the cancellation is 30 days from when we receive the electronic form submitted. If there is a charge scheduled within that 30-day period, that charge will process and you will have those sessions to use. After successful cancellation has occurred, you will no longer be charged, and you will maintain your valid session credits until they are used or expire 90 calendar days from the date of the cancellation form submission.
Appointments can be canceled without charge up to 24 hours before the scheduled start time. Cancellations made with less than 24 hours’ notice may forfeit use of the session or incur a Late Cancellation fee up to the full cost of the booked session.
Membership Restrictions: The membership agreement is strictly limited to the studio where it was initially purchased and is non-transferable to any other location. However, the sessions associated with your membership may be serviced at all Stretch Zone studios within Canada.
Non-Refundability: Membership fees are non-refundable.
Independent Franchise Clause: Each Stretch Zone location is an independently owned and operated franchise. Rates and terms may vary by location.
Membership Rate Adjustment: Stretch Zone reserves the right to increase the monthly membership rate with thirty (30) days’ written notice. Continued use of the Membership after the notice period constitutes acceptance of the new rate. Notice will be provided through a general mass email or through its visible publication on Stretch Zone’s website. As a member, it is your responsibility to constantly monitor our website to ensure you are properly informed about any possible changes.
Market Rate Adjustment: We may permit you to attend a session at studio other than your home studio under your membership agreement. If you attend a studio subject to a membership rate that is higher than the applicable market rate at your home studio, Stretch Zone reserves the right to impose a market rate adjustment fee equal to the difference between your home studio membership rate and the membership rate at the studio you visit (pro-rated for the number of sessions you attend at the higher market rate studio.
Membership Freeze Option: Memberships may be frozen for a minimum of one month and a maximum of three months, up to two times in a 12-month period. A CAD 10.00 per month Freeze Fee applies. Memberships must be active for at least 30 days before they can be frozen again.
Please be advised that an additional Freeze Setup Fee of CAD 15.00 may apply when placing a freeze on your membership. The applicability of this fee will be determined on a studio-by-studio basis.
Legal Compliance: These terms and conditions are structured to comply with applicable federal, state and provincial laws, specifically avoiding classification as a gift card, gift certificate, or prepaid service under these laws.
Severability and Continuation of Terms:
Should any court of competent jurisdiction construe any provision of these Terms and Conditions as constituting a gift card, gift certificate, or similar instrument which mandates different disclosure or compliance requirements under applicable law, then such provision shall be deemed null and void to the extent of such conflict or prohibition. The nullification of any such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. The remaining terms shall continue to be construed in consonance with and in pursuit of the spirit and the original intent of the Terms and Conditions of the termed program. This severability clause ensures that the invalidity or unenforceability of one or more provisions does not render the entire agreement void, but rather preserves the efficacy and intent of the remaining provisions.
Liability and Disclaimers: Stretch Zone is not liable for any injury or damage resulting from the use of its services, except as provided by law.
Limitation of Damages:
IN NO EVENT SHALL STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES SHALL BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. FURTHERMORE, THE TOTAL LIABILITY OF STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY THE MEMBER TO STRETCH ZONE AND/OR ANY OF ITS INDEPENDENTLY OWNED AND OPERATED FRANCHISES DURING THE DURATION OF THE MEMBER’S ENROLLMENT IN THE MEMBERSHIP PROGRAM.
Privacy Policy. Stretch Zone collects, uses, stores and discloses your personal information in accordance with our Privacy Policy, which may be viewed by clicking here, as amended from time to time, and as otherwise permitted by applicable law.
Amendment of Terms: Stretch Zone reserves the right to amend these terms and conditions with appropriate notice to the members.
Governing Law: These terms are governed by the laws of the State of Florida.
Dispute Resolution: Any disputes arising under these terms must be brought before the courts in the City of Fort Lauderdale, Florida and you irrevocably consent to the exclusive jurisdiction and venue of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Acceptance of Terms: By purchasing the Membership or by accessing and using the website, including any content, functionality, and services offered on or through the Website, you agree to be bound by these terms and conditions.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Stretch Zone.
ACKNOWLEDGMENT:
THE MEMBER ACKNOWLEDGES HAVING CAREFULLY READ ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS AND THE MEMBERSHIP PROGRAM. YOU CONFIRM THAT YOU HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS AND UNDERSTAND THAT MEMBERSHIP PRIVILEGES MAY EXPIRE UNDER CERTAIN CONDITIONS AS PROVIDED IN THESE TERMS AND CONDITIONS.
