Terms and Conditions
OVERVIEW
This website is operated by 306 Fitness Repair & Sales. Throughout the site, the terms we refer to 306 Fitness Repair & Sales. 306 Fitness Repair & Sales offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING, SHIPPING CUSTOMS, AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, including billing and shipping addresses, and any customs information required by the country of the purchaser. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 306 Fitness Repair & Sales, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 306 Fitness Repair & Sales and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at office@306fitness.com
Subscription TERMS & CONDITIONS (For Subscriptions Entered Into January 2023 Onwards. For Subscriptions Previous to January 2023, Your Subscription Contract Can Be Viewed Below the January 2023 Contract)
We've made our terms and conditions as simple to understand as possible to keep you protected.
SUBSCRIPTION TERMS & CONDITIONS
Customer Health & Safety
All equipment provided by 306 Fitness Repair & Sales (the “equipment”) to the subscriber is used at the subscriber’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be outlined by 306 Fitness Repair & Sales to the customer that in no way has 306 Fitness Repair & Sales recommended the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.
By entering into this agreement the subscriber is agreeing to waive certain legal rights, including the right to sue 306 Fitness Repair & Sales and each of its directors, officers, employees, representatives and agents (collectively, “306 Fitness Repair & Sales”).
Assumption of Risk
By entering into this agreement, the subscriber hereby acknowledges that:
a) the use of the equipment exposes the subscriber to certain risks and hazards;
b) as a result of the aforesaid risk and hazards, the subscriber may suffer serious personal injury or bodily harm;
c) the subscriber nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the subscriber’s own risk;
d) 306 Fitness Repair & Sales does not assume any responsibility whatsoever for the subscriber’s safety in connection with the use of the equipment; and
e) by entering into this agreement, the subscriber will be forever prevented from suing or otherwise claiming against 306 Fitness Repair & Sales for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the subscriber.
Intended Use of Equipment
Subscriptions are intended to be utilized for personal residential use only. Subscriptions are not for use by members outside of the immediate household of the Subscriber, for communal training, independent training facilities, light commercial, or commercial usage. Excessive wear or damage of equipment will result in full payment of the customer at the price the equipment was being sold for at the time of subscribing.
Condition of Equipment
306 Fitness Repair & Sales exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to 306 Fitness Repair & Sales in the same condition it was at the effective date of subscribing. Normal wear and tear is expected and accepted by 306 Fitness Repair & Sales. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of subscribing. All damaged equipment which may be repaired will be repaired by 306 Fitness Repair & Sales and the customer shall pay for the cost of such repairs.
Customer Possession of Equipment
The customer assumes all responsibility for the equipment while out of the possession of 306 Fitness Repair & Sales. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by 306 Fitness Repair & Sales.
Penalty Charges
Penalty charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the set standard monthly rate for the item of equipment concerned.
Payment Default
In the event of the customer being in default of payment of any subscription charges, or 306 Fitness Repair & Sales deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, 306 Fitness Repair & Sales shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment. In the event of the cancellation by the 306 Fitness Repair & Sales of this agreement pursuant to this paragraph, the customer shall forfeit to 306 Fitness Repair & Sales any subscription charges with respect to any unused period of subscription.
Subscription Commencement
Customer will be billed each month for subscription payments. Customer card will automatically be charged on the same day of the month as the first order date. For example, if a customer purchases a subscription on February 1 then the next billing date is March 1, April 1, etc. Monthly charges are always for the full amount of the item(s) being subscribed even in the month of return. For example, if your billing date is February 1, but you decide to return the item February 5 there is no pro-rated return fee. If the item is in your possession then your subscription is considered active and will be billed accordingly, unless other arrangements have been made and confirmed with 306 Fitness. Please be sure to provide 306 Fitness Repair & Sales with up-to-date billing information.
End of Subscription Payments
Subscription payments end when customer:
1) Returns the item to the shop BEFORE next payment renewal date or
2) Requests to terminate the subscription and makes arrangements to have 306 Fitness pick up the item a minimum of 7 days BEFORE the next payment renewal date. Fit2Go Intro Subscription returns are free with in store drop off, free pick up after 3 months or $29.99 in home pick up before 3 months. Fit2Go Cardio Subscription returns are free in store, free in home pick up after 3 months or $49.99 pick up before 3 months.
Moving
The customer will, in the event of moving to a new place of residence, notify 306 Fitness Repair & Sales prior to such change, whereupon 306 Fitness Repair & Sales shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of 1x Month Subscription Fee to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of 306 Fitness Repair & Sales, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by 306 Fitness Repair & Sales to move the equipment.
Delivery & Setup
306 Fitness Repair & Sales agrees to deliver the equipment to the doorstep, home, or garage of the customer free of charge, subject to any delivery charges for deliveries outside 306 Fitness Repair & Sales free delivery zone. Any delivery charges will be made clear to the customer prior to purchase by the customer.
Return of Faulty Equipment
Equipment that is faulty can be exchanged with 306 Fitness Repair & Sales. If goods are faulty, 306 Fitness Repair & Sales will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate.
Release of Liability, Waiver of Claims and Indemnity
The subscriber hereby acknowledges and agrees:
1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the subscriber may have or may in the future have against the 306 Fitness Repair & Sales and TO RELEASE 306 Fitness Repair & Sales in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the subscriber may suffer, or that the subscriber's next of kin may suffer resulting from or arising out of the subscriber's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF 306 Fitness Repair & Sales;
2.TO HOLD HARMLESS AND INDEMNIFY 306 Fitness Repair & Sales from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;
3.This subscription agreement shall be effective and binding upon the subscriber's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the subscriber’s death or incapacity;
4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Saskatchewan and no other jurisdiction; and
5.Any litigation involving the parties to this agreement shall be brought solely within the Province of Saskatchewan and the subscriber hereby attorns to the exclusive jurisdiction of the Courts of the Province of Saskatchewan.
In entering into this agreement, the subscriber acknowledges that he or she is not relying upon any oral or written representations or statements made by 306 Fitness Repair & Sales with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.
THE SUBSCRIBER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE SUBSCRIBER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST 306 Fitness Repair & Sales. IN ADDITION, THE SUBSCRIBER ACKNOWLEDGE AND AGREE THAT 306 Fitness Repair & Sales HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE EASYFITNESS FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS 306 Fitness Repair & Sales WOULD NOT HAVE ALLOWED THE SUBSCRIBER TO USE THE EQUIPMENT.
(For Subscriptions Entered Into Prior to January 2023)
We've made our terms and conditions as simple to understand as possible to keep you protected.
SUBSCRIPTION TERMS & CONDITIONS
Customer Health & Safety
All equipment provided by 306 Fitness Repair & Sales (the “equipment”) to the subscriber is used at the subscriber’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be outlined by 306 Fitness Repair & Sales to the customer that in no way has 306 Fitness Repair & Sales recommended the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.
By entering into this agreement the subscriber is agreeing to waive certain legal rights, including the right to sue 306 Fitness Repair & Sales and each of its directors, officers, employees, representatives and agents (collectively, “306 Fitness Repair & Sales”).
Assumption of Risk
By entering into this agreement, the subscriber hereby acknowledges that:
a) the use of the equipment exposes the subscriber to certain risks and hazards;
b) as a result of the aforesaid risk and hazards, the subscriber may suffer serious personal injury or bodily harm;
c) the subscriber nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the subscriber’s own risk;
d) 306 Fitness Repair & Sales does not assume any responsibility whatsoever for the subscriber’s safety in connection with the use of the equipment; and
e) by entering into this agreement, the subscriber will be forever prevented from suing or otherwise claiming against 306 Fitness Repair & Sales for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the subscriber.
Intended Use of Equipment
Subscriptions are intended to be utilized for personal residential use only. Subscriptions are not for use by members outside of the immediate household of the Subscriber, for communal training, independent training facilities, light commercial, or commercial usage. Excessive wear or damage of equipment will result in full payment of the customer at the price the equipment was being sold for at the time of subscribing.
Condition of Equipment
306 Fitness Repair & Sales exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to 306 Fitness Repair & Sales in the same condition it was at the effective date of subscribing. Normal wear and tear is expected and accepted by 306 Fitness Repair & Sales. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of subscribing. All damaged equipment which may be repaired will be repaired by 306 Fitness Repair & Sales and the customer shall pay for the cost of such repairs.
Customer Possession of Equipment
The customer assumes all responsibility for the equipment while out of the possession of 306 Fitness Repair & Sales. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by 306 Fitness Repair & Sales.
Penalty Charges
Penalty charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the set standard monthly rate for the item of equipment concerned.
Payment Default
In the event of the customer being in default of payment of any subscription charges, or 306 Fitness Repair & Sales deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, 306 Fitness Repair & Sales shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment. In the event of the cancellation by the 306 Fitness Repair & Sales of this agreement pursuant to this paragraph, the customer shall forfeit to 306 Fitness Repair & Sales any subscription charges with respect to any unused period of subscription.
Subscription Commencement
Customer will be billed each month for subscription payments. Customer card will automatically be charged on the same day of the month as the first order date. For example, if a customer purchases a subscription on February 1 then the next billing date is March 1, April 1, etc. Monthly charges are always for the full amount of the item(s) being subscribed even in the month of return. For example, if your billing date is February 1, but you decide to return the item February 5 there is no pro-rated return fee. If the item is in your possession then your subscription is considered active and will be billed accordingly, unless other arrangements have been made and confirmed with 306 Fitness. Please be sure to provide 306 Fitness Repair & Sales with up-to-date billing information.
End of Subscription Payments
Subscription payments end when customer:
1) Returns the item to the shop BEFORE next payment renewal date or
2) Requests to terminate the subscription and makes arrangements to have 306 Fitness pick up the item a minimum of 7 days BEFORE the next payment renewal date. VIP Subscription returns are free with in store drop off, free pick up after 4 months or $99.99 in home pick up before 4 months. Premium Subscription returns are free in store, free in home pick up after 4 months or $49.99 pick up before 4 months. Flex Subscription returns are free in-store.
Moving
The customer will, in the event of moving to a new place of residence, notify 306 Fitness Repair & Sales prior to such change, whereupon 306 Fitness Repair & Sales shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of 1x Month Subscription Fee to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of 306 Fitness Repair & Sales, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by 306 Fitness Repair & Sales to move the equipment.
Delivery & Setup
306 Fitness Repair & Sales agrees to deliver the equipment to the doorstep, home, or garage of the customer free of charge, subject to any delivery charges for deliveries outside 306 Fitness Repair & Sales free delivery zone. Any delivery charges will be made clear to the customer prior to purchase by the customer.
Return of Faulty Equipment
Equipment that is faulty can be exchanged with 306 Fitness Repair & Sales. If goods are faulty, 306 Fitness Repair & Sales will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate.
Release of Liability, Waiver of Claims and Indemnity
The subscriber hereby acknowledges and agrees:
1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the subscriber may have or may in the future have against the 306 Fitness Repair & Sales and TO RELEASE 306 Fitness Repair & Sales in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the subscriber may suffer, or that the subscriber's next of kin may suffer resulting from or arising out of the subscriber's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF 306 Fitness Repair & Sales;
2.TO HOLD HARMLESS AND INDEMNIFY 306 Fitness Repair & Sales from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;
3.This subscription agreement shall be effective and binding upon the subscriber's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the subscriber’s death or incapacity;
4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Saskatchewan and no other jurisdiction; and
5.Any litigation involving the parties to this agreement shall be brought solely within the Province of Saskatchewan and the subscriber hereby attorns to the exclusive jurisdiction of the Courts of the Province of Saskatchewan.
In entering into this agreement, the subscriber acknowledges that he or she is not relying upon any oral or written representations or statements made by 306 Fitness Repair & Sales with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.
THE SUBSCRIBER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE SUBSCRIBER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST 306 Fitness Repair & Sales. IN ADDITION, THE SUBSCRIBER ACKNOWLEDGE AND AGREE THAT 306 Fitness Repair & Sales HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE EASYFITNESS FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS 306 Fitness Repair & Sales WOULD NOT HAVE ALLOWED THE SUBSCRIBER TO USE THE EQUIPMENT.
