Terms and Conditions
You have the right to cancel your purchase of Ēvolvō Studio classes. You may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. You may cancel your purchase of a 50-class package within 45 days after your purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or personally to Ēvolvō Studio 2050 Crescent St, H3G 2B8.
Ēvolvō Studio will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. You have the option to receive the refund either to the original method of payment or Ēvolvō Studio credit.
Cancellation of purchase of classes or class packages
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to email@example.com or personally Ēvolvō Studio 2050 Crescent St, H3G2B8.
d. You may cancel your contract in any of the following circumstances:
e. Cancellation policy for reservations & membership suspension
In order to cancel a reservation of an Ēvolvō Studio class and return it to your account, you must unreserve by 6 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled by 6 PM the night before, your scheduled class will be charged to your package. If you have an unlimited monthly membership and you do not cancel your reservation before 6PM the day before your scheduled class, you will be charged a fee of $15.00 to your credit card on file.
You can cancel your reservation in the following ways:
f. Membership suspension
g. Membership cancellation
h. Membership auto-renew option
You have the option to lock into the current price of your membership with the agreement of the automatic renewal for the subsequent months, unless you or Ēvolvō Studio cancels the membership 30 days before the billing date.
i. Waiver and release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facility and equipment (individually and/or collectively, the "Classes and Facility") of Ēvolvō Studio, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercise equipment in association with the classes and use of the Studio. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also 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, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.
You have read and thoroughly understand the Ēvolvō Studio Safety Instructions that are posted on Ēvolvō Studio’s Website. 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 Ēvolvō Studio staff, you would be at physical risk using Ēvolvō Studio’s Classes and Facility, you understand and agree that you may be denied access to the Classes and Facility until you provide Ēvolvō Studio with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Ēvolvō Studio’s concerns and stating that Ēvolvō Studio’s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facility, 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 the Classes and Facility, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Ēvolvō Studio, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, 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 Classes or use of the Facility, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Ēvolvō Studio’s Classes and Facility, (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 Ēvolvō Studio's Classes and Facility and should not be participating in any Classes.
j. Links/Third Party Websites
Ēvolvō Studio has not reviewed all the sites linked to the Website and is not responsible for the content or any off-site pages or other linked Websites. These links do not imply endorsement of, sponsorship of, or affiliation with Ēvolvō Studio. Although, a third-party website may contain Ēvolvō Studio’s logos, please understand that it is independent from Ēvolvō Studio, and that we have no control over the content of that Website. Going to third party or off-site websites from the Website is at your own risk.
k. Texts and Calls
In connection with our services, we offer you the capacity to receive texts and calls. If you opt-in to receive texts and calls, you accept and recognize that Ēvolvō Studio might send you frequent calls and texts ( such as autodialed and/or pre-recorded) to the phone number you provided us with for transactional and marketing reasons in accordance with the terms that you agreed with. You can opt-out of receiving calls or texts to your phone number at any time by texting “STOP” in response to any text you receive from us or contacting us to firstname.lastname@example.org and specify you want to opt-out of texts to your phone number; and for calls, requesting opt-out during any call you receive from us or contacting us at email@example.com and specify that you want to opt-out of calls to your phone number. You can also text “HELP” at any time for more information. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You accept that your consent is not required as a condition of purchase. Carriers may deduct charges from pre-paid amounts or data allowances, you understand that standard message, data, and other fees may be charges by your carrier, for which you are responsible. Not all carriers and/or phones are supported. Contact your carrier for more details. Supplementary terms may apply as set out in the terms that you agreed on.
l. Intellectual Property Rights
The trademarks and trade dress of Ēvolvō Studio are proprietary to Ēvolvō Studio and may not be used by you for any reasons other than as expressly permitted by these terms. It is prohibited to use the materials of the Website such as modification, reproduction or distribution for reasons other than those noted below, without written official permission from Ēvolvō Studio. All of the website content, design, graphics, images, text and interfaces; the selection, collection, and arrangement thereof; and all of the software are property of, or properly licensed to Ēvolvō Studio. You have the right to electronically copy, view, and print portions of the Website for the exclusive purpose of making purchases, class bookings, or other personal usage.
Ēvolvō Studio may stop or remove the Website, or any portion thereof, or discontinue your rights to use the Website, or any portion thereof, at any time.
You recognize that Ēvolvō Studio remains the owner of all Website materials, and that you do not acquire any of those ownership rights by copying, downloading, or using any such material in accordance with these Terms.
m. Not permitted to use this website for data mining
You are not authorized without the prior written permission of Ēvolvō Studio to use any data mining software, "robot", computer code, "bot", "scraper" "spider", or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
n. Not permitted to use this website for business purposes
Website users are not permitted to distribute, adjust, sell, reproduce, display, publicly perform, report or otherwise prepare copied or second-hand works based on any of Ēvolvō Studio's material in any way for any public or business-related purposes.
Ēvolvō Studio 's material may not be presented or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. You are not authorized to resell or create commercial use of this site or its contents; gather or use photos or prices exhibited on this Website in connection with the sale or resale of any Ēvolvō Studio’s products or for other commercial purposes, any class listings or explanations; or generate, reproduce and/or distribute any materials resulting from the content provided on this Website. In the occasion of breach of any of these Terms, the user's permission to use Ēvolvō Studio's material will cease and any copies made of Ēvolvō Studio’s material must be instantly destroyed.
Any unapproved use of Ēvolvō Studio's material may violate trademark laws, federal and state criminal laws, the laws of privacy or publicity, infringe copyright laws, and communication regulations and statutes.
o. Warranty Disclaimer and Limitation of Liability
In no event will Ēvolvō Studio be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of Ēvolvō Studio classes, your rights to cancel your purchase of Ēvolvō Studio classes, your registration for classes, your communication with Ēvolvō Studio, and your use of and attendance at Ēvolvō Studio, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Ēvolvō Studio expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Ēvolvō Studio on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Ēvolvō Studio provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
p. Acceptance of Terms
By using the Website, purchasing an Ēvolvō Studio class, registering for an Ēvolvō Studio class, booking a class, and/or using or attending an Ēvolvō Studio class, you signify your acceptance of the Terms. If you do not agree to these Terms and Conditions, please refrain from using the Website, purchasing an Ēvolvō Studio class, registering for an Ēvolvō Studio class, and/or using or attending an Ēvolvō Studio class.
Sporadic changes may be made to these Terms to reflect changes in Ēvolvō Studio's policies. The Terms may be revised at any time by updating this document. By using the Website, by buying Ēvolvō Studio classes, registering for classes, and/or using and attending Ēvolvō Studio, you approve to be bound by any such revisions. You are encouraged to check this document occasionally to stay informed of current standards.
q. Contact Us
If you have any questions about these Terms and Conditions you can reach us at firstname.lastname@example.org.
Effective Date: December 18th 2019.
Note about children's privacy: We will not collect personal information from any users who we know to be under thirteen years old, since our services are not targeted towards children, unless we first acquire verifiable parental consent. If you believe that we have collected personal information from a child under thirteen years old without parental consent, you may report this to us at email@example.com.
a. Information We Collect from Third Parties
To create an account and be part of one of our classes, we need emergency contact information for each customer. When a customer creates an online account with us, we will collect the phone number and name of their emergency contact. In addition, our customers may provide us information about their friends. For instance, so that we can invite other people to try our classes.
b. Information We Collect Directly From You
We collect information from you when you register with our Website, make a purchase, contact us, reserve classes, or otherwise interact with our Website. The type of information that we collect differs based on your interaction with us and may involve: your name, phone number, email address, and password, and, if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences, body weight and body type. If you provide this information directly to one of our studio attendants, we may associate this information with your account. For instance, if you sign up for a class while you are in the studio.
c. Information We Collect About You
We collect information about you directly from you (in store and online) and from third parties, as well as automatically through your use of our Website, or Services.
d. Information We Collect Automatically.
We automatically collect information about your use of our Website through cookies, web beacons, and other technologies. We combine this information with other information we collect about you. We use this information to identify you across your multiple devices. Please see the section "Cookies and Other Tracking Mechanisms" below for more information.
e. How We Use Your Information
We use your information (including your personal information) for the subsequent purposes, and as otherwise permitted by law:
f. How We Share Your Information
We might share your information, including personal information, as follows:
We may disclose the information we collect from you to our subsidiaries or affiliates, including for their own direct marketing purposes.
We may disclose the information we collect from you to service providers, third party vendors, contractors or agents who perform tasks on our behalf. For example, we share your information, both on an aggregate basis or individual, with third parties to assist us in advertising our products and services and to assist us in determining relevant advertising. These third parties may include entities that help us and other companies with communicating with you and serving advertisements to you, including advertisements on social media platforms, third party websites, as well as through push notifications and email.
We may also share information in the following circumstances:
We may disclose the information we collect from you with our partners, including for their own direct marketing purposes. For example, we disclose information to our partners in connection with offering co-branded services, selling or distributing products or services, or engaging in joint marketing activities or promotions.
We may transfer the information we have collected from you to another other company, if we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding.
We also may release the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
We also may disclose the information we collect from you where we believe it is necessary to examine, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or of this Policy, or as evidence in litigation in which Ēvolvō Studio is involved.
We may disclose the information we collect from you with your consent or to facilitate your requests.
We may share aggregate or de-identified information about users with third parties for advertising, marketing, research or similar purposes.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website, while others are used to enable a faster log-in process or to allow us to track your activities at our Website.
h. Disabling Cookies.
Most web browsers automatically accept cookies. However, if you prefer, you can edit your browser options to block them in the future. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
i. Clear GIFs, pixel tags and other technologies.
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web bugs, web beacons, or pixel tags), in connection with our Website, among other things, track the activities of our Website visitors and users, help us manage content, and collect statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We also use third party SDKs to, among other things, track our conversions, associate with your account how you use our Website and when you are not logged in to the account, and bring you advertising both on and off our Website.
j. Cross Device Use.
We may use the information that we collect about you (whether directly from you from our Site, or in-store purchase activities, through your device(s), or from a third party) to help us and our third-party service providers identify other devices that you use. For instance, a tablet, mobile phone, other computer, etc. We, and our third-party service providers, also may use the cross-device tracking and other information we learn about you to serve targeted advertising on your devices, to send you push notifications, and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third-Party Ad Network section below. If you use multiple devices or browsers, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out.
k. Third Party Analytics.
Ēvolvō Studio has processes in place that are intended to recognize web browser "do-not-track" signals. To learn how to use your web browser’s do-not-track feature, use the help portion of the toolbar. Note that we do not guarantee our processes will capture all do-not-track signals. You can disable certain tracking as discussed in this section. For instance, by disabling cookies. You can also opt-out of targeted advertising.
m. Ad Networks/Social Networks
n. Customer Matching
We use third parties to operate advertisements targeted to reach people (or people similar to people) who have visited our Services or are recognized in one or more of our databases ("Matched Ads"). This is done by uploading a customer list to the third-party. For instance, through Google Customer Match, Facebook Custom Audiences, incorporating a pixel from the third-party in our Services, and the third-party matching common factors between our data and their data. We may also work with partners to deliver Matched Ads based on data about you and others in those partners' own databases or match the partner's data against our own consumer lists. If you want to opt-out of us using your data for Matched Ads, contact us and indicate that you wish to opt-out of Matched Ads, you can do so by emailing us as at firstname.lastname@example.org. We will request that the applicable third-party does not target Matched Ads to you with our information about you. You can also contact the appropriate third-party to opt-out. We are not responsible for any third-party's failure to comply with our or your opt-out instructions.
o. Third-Party Links
You may find links to third party websites on our website. Use and access to linked websites is not ruled by this Policy, but instead is ruled by the privacy policies of those third-party websites. We are not to be held responsible for the information practices of those third-party websites.
p. Security of My Personal Information
We created protections to safeguard information we collect from unauthorized access, misuse, loss, disclosure, alteration, and destruction. Important note; despite these methods, no data security methods can guarantee security.
We are not responsible for any stolen, lost, or compromised passwords or for any activity on your account with an unauthorized password. It is recommended to take steps to protect against unauthorized access to your password, phone, and computer. For instance, keep your log-in and password private, sign off after using a shared computer, and choose a strong password.
q. Access to My Personal Information
You can modify personal information that you have submitted by logging into your account and updating your profile information. Please be aware that duplicates of information that you have modified, updated or deleted may stay available in cached and archived pages of the Site for a certain period of time.
r. Promotional Emails
We may send you promotional emails to your personal email. You can opt-out of our promotional emails by following the opt-out instructions contained in the email. Note that it may take up to 12 business days to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about Services you have requested or received from us, recommendations or other information we think may interest you.
s. Texts and Calls
Please check our Terms and Conditions for information about texts and calls.
t. Contact Us
u. Changes to this Policy
We may modify this Policy occasionally; we recommend that you read it sporadically to stay informed. If we make changes to this Policy that significantly affect our practices concerning personal information, we have beforehand collected from you, we will make sure to provide you with a notification in advance of such change by highlighting the changes on our Website. This Policy is valid as of the Effective Date set in this document.