Terms and Conditions

  1. Application of these Terms and Conditions

    The website is operated by Ēvolvō Studio Inc. (“Studio”, “Ēvolvō Studio”, “we”, “our” or “us”). These terms and conditions (“Terms”) govern your relationship with Ēvolvō Studio, including, but not limited to; your use of the Studio’s Website www.evolvostudio.com  (the “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 and attendance at Ēvolvō Studio. Ēvolvō Studio classes include; strength training, core training, barre, Pilates, jump rope, yin yoga and flow yoga. Some terms and conditions apply only to your purchase of Ēvolvō Studio Agreement (“Ēvolvō Agreement”).

 

  1. Arbitration Agreement and Class Waiver (Applicable to the Ēvolvō Agreement)

    1. Informal Dispute Resolution

      Ēvolvō Studio wants to provide you with the best possible experience. We really want you to be more than satisfied with our services. If this doesn’t happen for you, please let us know so that we can do our best to address any issue or problem. You can email us at info@evolvostudio.com or you can write to us at Ēvolvō Studio Inc., 2050 Crescent St, Montreal, Quebec. Please make sure to include: (1) your name, (2) your address, (3) a brief description of your concerns, (4) a description of the specific solution you seek.
    2. Arbitration Agreement

      YOU AND ĒVOLVŌ STUDIO AGREE TO RESOLVE ANY DISPUTE (AS DEFINED BELOW) AFTER YOU AGREE TO THESE TERMS AND CONDITIONS SOLELY AND FONALLY BY BINDING ARBITRATION IN CANADA SUCH AS THE “INSTITUT DE MĖDIATION ET D’ARBITRAGE DY QUÉBEC”, RATHER THAN IN COURT BY A JURY OR A JUDGE.

    3. Ēvolvō Studio Class Action Waiver

      By accepting these terms and conditions, you agree that you, and anyone affirming a claim through you, will not be a class representative, class member, or otherwise participate in a class, or consolidated proceeding against Ēvolvō Studio. Ēvolvō Studio and you agree that the arbitrator of any Dispute between us may not consolidate more than one individual's claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).By accepting these terms and conditions, you agree that the arbitration of any Dispute (defined below) will be conducted on an individual, not in group or class, and that no such arbitration proceedings may be consolidated with any other arbitration or legal proceedings involving Ēvolvō Studio or any other person.

      If this class action waiver ("Ēvolvō Studio Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, invalid void or voidable shall be determined only by a court of competent jurisdiction and not by an arbitrator.

    4. Dispute Defined

      The term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any claim, controversy or dispute between you and Ēvolvō Studio regarding any aspect of your relationship with Ēvolvō Studio, whether based in statute, regulation, ordinance, contract or tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

      Dispute DOES NOT include claims for lost, damaged property, or personal injury claims.

      Dispute also DOES NOT include: (1) claims for public injunctive relief, for instance, injunctive relief with the main purpose and consequence of prohibiting alleged unlawful acts that threaten forthcoming injury to the general public; and (2) claims that part or all of the Ēvolvō Class Action Waiver is inacceptable, invalid, unenforceable, void or voidable. Such claims may not be determined by an arbitrator, only by a court of competent jurisdiction.

  1. Ēvolvō Studio Agreement.

 

  1. Use of Site by Minors

    If you are under 18 years old, you may register and use the Website with the involvement of a parent or guardian. Registration of a minor is permitted for Ēvolvō Studio classes. However, it must be done at Ēvolvō Studio 2050 Crescent St, H3G 2B8 with a parent or guardian. Minors who are at least 12 years old, who have submitted a Minor New Member signed by a parent or guardian can sign up for Ēvolvō classes online. Please note that Ēvolvō Studio doesn’t accept online registration of minors. You must sign the document in person.

  2. Reservations, Studio Classes, Memberships, Charges and Gift Cards

    To make a reservation, you must first buy a single class, a series of classes or an unlimited monthly membership. To buy an individual class or series of classes online, you can click here https://evolvostudio.com/packages. Create an account by using your e-mail and creating a password, or if you are already have an account, click login to buy a series and book your class. You may book up to five (5) classes per account in a 60-minute class. Reach out to Ēvolvō Studio to get more information about advanced group booking options. Ēvolvō Studio reserves the right to hold up to ten spots in each class.

    In addition to classes and series of classes, you can buy a gift certificate. Ēvolvō Studio’s gift certificates are called "gift cards". Gift cards do not expire until the person receiving it starts using it to buy classes. Once a class is bought using a gift card, it will expire, just like any other class bought.

    Please note that gift cards and classes are not the same thing. Unlike gift cards/gift certificates, classes are for Ēvolvō Studio classes only. You cannot give classes to another as a gift. However, you can give them a gift card and they can use it to purchase their classes. When you buy a class, you are the only one permitted to use that class to book a spot at a particular time at Ēvolvō Studio. You cannot redeem your gift card or class for cash, and you cannot transfer it to another person.

    Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website https://evolvostudio.com/packages. If, however, you get extremely busy and cannot book a class in time, stop by the studio or e-mail Ēvolvō Studio and we can find a solution for you.

    Future class prices are subject to change, however Ēvolvō Studio will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the short-term. We accept Visa and Master Card. Cash payments may only be made at Ēvolvō Studio. You can reserve classes online up to 1 week in advance Monday at noon through the following Monday, not later than 30 minutes prior to class time.

    Your credit/debit card will be charged for your purchase when you buy your class or series of classes, not when you reserve a class. Ēvolvō Studio will not process charges that use an incorrect, expired, or over-the-limit credit card. If this happens, we will try to contact you. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Ēvolvō Studio may incur in its efforts to collect any unpaid balances from you.

Membership Agreement

  1. You agree to commit to monthly payments for a certain period of time. Rates vary according to the length of your commitment.

Memberships

  1. You acknowledge that applicable government taxes will be added to the prices on the website.
  2. You agree that Ēvolvō Studio will charge your credit card for payments and to process a pre-authorized withdrawal for the purpose of your membership fees pursuant to the Membership Agreement.
  3. You agree to a charge of $20.00 for any withdrawals not completed due to insufficient funds.
  4. You understand and agree that the Membership Agreement is not assignable or transferrable by you and no rights or privileges granted by the membership can be transferred or assigned by you.
  5. You agree to follow all the rules and regulations that currently exist at Ēvolvō Studio and future implemented ones regarding the equipment, use of the studio and others.
  6. Ēvolvō Studio reserves the right to revoke a Membership Agreement if you fail to follow any of the rules and regulations.

c. Cancellations

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 info@evolvostudio.com 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 info@evolvostudio.com or personally Ēvolvō Studio 2050 Crescent St, H3G2B8.

d. You may cancel your contract in any of the following circumstances:

  • If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Ēvolvō Studio will refund you the purchase price of your unused class or classes.
  • If Ēvolvō Studio stops offering classes, you may cancel your purchase.
  • If you move your residence more than 25 miles from Ēvolvō Studio 2050 Crescent St. H3G 2B8, you may cancel your purchase and Ēvolvō Studio will refund the purchase price of your unused class or classes. You will be charged a cancellation fee of $125.00.
  • If you die, Ēvolvō Studio will refund your representative the purchase price of your unused class or classes.

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:

  1. Log into your account on the Website, next to the class you wish to cancel, press “unereserve”.
  2. Call the Ēvolvō Studio to cancel the class for you.

    Please note, in fairness to all our customers, spots will be released 4 minutes before class begins. In the event that you do not unreserve your spot by 6 PM the night prior to class, or if you do not claim your spot at least 4 minutes before class begins, then Ēvolvō Studio shall have the right, without any credit or refund to you, to allow others to reserve or use your spot for a fee.

    FOR MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 15 minutes before class begins, we will hold your spot for up to 5 minutes before class begins, though we cannot guarantee you will be given the spot you signed up for in Ēvolvō Studio classes. Members who are late will not be admitted into class as it is too disruptive.

    FOR MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

f. Membership suspension

  1. “Suspension” or “suspend” refers to the ability of pausing your membership contract for a period of time.
  2. You have the ability to “suspend” your membership at any point in time for a minimum and a maximum of 31 days.
  3. A request to suspend membership must be made in person at Ēvolvō Studio 2050 Rue Crescent, H3G 2B8.
  4. The Studio must approve the membership suspension prior to suspension.
  5. You acknowledge a charge of $20.00for each 31 days of suspension of your membership.


g. Membership cancellation

  1. You may cancel your (6) or (12) Month Unlimited Membership Contract at any time.
  2. To cancel your membership please present yourself at Ēvolvō Studio 2050 Rue Crescent, H3G 2B8.
  3. For any early cancellation of your membership there will be a charged fee of $125.00 plus government taxes to your credit card.
  4. You will be able to continue to use your membership until the last month charged to your credit card.

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 info@evolvostudio.com 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 info@evolvostudio.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 info@evolvostudio.com.

 

Mailing Address: 2050 Crescent St, Montreal, Quebec H3G 2B8 - Floor 3 Email: info@evolvostudio.com
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