These terms and conditions (“Terms and Conditions”) govern your relationship with House Concepts (Beach District) Inc. (“we”, “us”, “our”) including, but not limited to visiting and using our website (www.houseconcepts.com) (the “Website”) or our mobile application (the “App”), purchasing, registering for or cancelling classes or private training sessions, or otherwise communicating with us and when using any services offered by us (together with the Website and the App, our “Services”), when using and attending our premises, including our boxing studio, spin studio, strength studio and stretch studio (the “Studios”), our gym fitness facilities (the “Gym”), and the retail store and snack bar (together with the Studios and the Gym, the “Fitness Facilities”).
When you create an account with us, use our Fitness Facilities and use our Services, you are agreeing to these Terms and Conditions, our Privacy Policy and our Waiver or Waiver for Minors, as applicable.
In order to use the Fitness Facilities, you must create an account either online using our Website or App, or in-person with our staff. All information that you supply to us in the creation of your account must be truthful and accurate. Failure to supply truthful and accurate information to us will result in suspension of your account. You will also be required to provide your credit card details and by doing so, you authorize us to use this credit card to pay for our Services and any other goods or products that you purchase at our Fitness Facilities. See paragraph 15 for more details on our Privacy Policy.
The next step, and prior to your first use of the Fitness Facilities or our Services, you must read and sign the Waiver. If you are over the age of 13 but under the age of 19 (a “Minor”), then prior to your first use of the Fitness Facilities or our Services you must have your parent or legal guardian read and sign the Waiver for Minors in-person at the Fitness Facilities – see paragraph 7 for more details.
After creating an account, you may purchase credits or a subscription directly from us at the Fitness Facilities, on the Website or through the App. Our credits and subscriptions are personal to you, and are non-transferable, non-refundable and are not interchangeable for any other goods or services we may provide.
If we unknowingly process charges that use an incorrect, expired, or over-the-limit credit card, then we will try to contact you. If you fail to pay any fees or charges when due, access to the Fitness Facilities and our Services may be suspended or terminated. You shall be responsible and liable for any fees, including lawyers' fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
If you purchase credits, these credits will either be class credits, to be used for classes, or private training credits, to be used for private training sessions. They may be purchased individually or in packages and they have an expiry date after which they are no longer valid. You will be charged for your order when you buy your credits.
You may also purchase gift certificates, and these never expire. A recipient of a gift certificate can exchange these for class credits or private training credits, which can then be used to book a class or a private training session.
If you purchase a subscription, you will have unlimited access to standard classes for no additional cost for the term of the subscription. During that term, your credit card will be charged each month the applicable access fee.
You may cancel your subscription with 45 days written notice by providing written evidence of your physical inability to attend classes for a period of at least six months in duration, or if you move more than 40km from the Fitness Facilities. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. You may not for any reason freeze your subscription. If you cannot physically attend classes because of significant physical disability and can provide written evidence of same from your doctor, you may submit a cancellation request.
Once credits or a subscription has been purchased and placed in your account:
Unless you have a reservation, having credits or a subscription in your account does not entitle you to a spot in any class.
Please note that your purchase of credits or a subscription and your reservation of a spot in the class of your choice or for a private training session does not guarantee that any particular instructor or trainer will run that class or private training session. We reserve the right to change or substitute your instructor or trainer at any time.
We value commitment! If you book a class or private training session, be sure you can show up.
If you need to cancel your class or private training session, you must cancel 12 hours before your scheduled time. You can cancel online by logging into your account on the Website or the App, or in-person at or by telephone to the Fitness Facilities.
Provided that you cancel in time, the credits used to secure your spot in the class will once again be available in your account for future use, subject to the applicable expiry date.
If you cancel late or you are a no show, your credits will not be refunded. If you have a subscription and you cancel late or are a no show, you will be charged a fee of $20.00. If you have a subscription and, in our sole opinion, regularly cancel late or are a no show, we reserve the right to terminate your membership.
In order for us to provide the best experience, we ask that all participants arrive and be ready 15 minutes before the class starts. If this is a new class for you, this will allow you to be taught class basics and the class and equipment set up.
Upon arrival at the Fitness Facilities, you must check in on our tablets at the front desk so we know you are in the house!
Certain classes with us will require users to select a specific spot in class at the time of booking. Every spot in a given class will cost the same number of class credits. For classes that do not require specific spot pre-booking, your spot will be assigned upon arrival at the Fitness Facilities.
Your class reservation will be released to our waitlist approximately 5 minutes before class begins. If you are running late, please call us at the Fitness Facilities and let us know you are on the way. Our team will hold your spot for up to 5 minutes after class begins, although we cannot guarantee it will be the same one you signed up for. As a courtesy to your instructor and other participants, if you arrive more than 5 minutes after class begins, you will not be allowed in class — it is not safe to enter a class in progress after the warm up. If you are a newcomer attending a class and are running late, you will not be permitted entrance.
Although we appreciate you staying for the duration of the class, we know that sometimes you may have to leave early. If you are planning on leaving class early, please let your instructor know before class starts. In order to reduce disruption, if you are planning on leaving early please book spots closest to the door.
If a class is full, you can choose to be added to our waitlist by selecting the “waitlist” option on the Website or the App. If you get a spot, we will send you an email confirmation. If you get a spot within 12 hours of the scheduled class, we will call you to confirm.
In order to participate in a class with us, each participant must be deemed by the class instructor to be in the physical shape and of the overall health required to ensure safety throughout the proposed workout.
The use of the Gym at our Fitness Facilities is restricted to tenants and owners of Vancouver House, and their guests, unless used as designated as part of a class or a private training session offered by us.
If you are a tenant or owner of Vancouver House, please create an account and contact us. We will issue you with a pass for the Gym, and this will allow you to purchase credits or a subscription at a discount as set by us from time to time.
Your pass for the Gym is subject to these Terms and Conditions and our Privacy Policy, and all rules, regulations and guidelines as imposed by Vancouver House.
With your pass, you may invite guests to use the Gym for a guest fee as determined between Vancouver House and us from time to time. You must accompany your guests in the Gym at all times.
With your pass, you may access the Gym during its opening hours as set by Vancouver House from time to time. During our operating hours, as set by us from time to time, you may use our shower and changeroom facilities, as well as other amenities that we may provide such as our towel service. Outside of our operating hours these services will not be available.
No personal or private trainers are permitted to provide any instructional services in the Gym, other than through our private training sessions.
In order to create an account with us, you must be at least 16 years of age.
Minors can only create an account in person at the Fitness Facilities with their parent or guardian present. Prior to their first use of the Fitness Facilities or our Services, Minors must meet the minimum age requirement of 16 years old and their parent or guardian must sign a Waiver for Minors. No minor may participate in any class at the Fitness Facilities without completion of the Waiver for Minors by both their parent or legal guardian and themselves.
We do not accept the creation of an account online for Minors. Minors may use the Website and App only with the involvement of their parent or guardian.
You may cancel your account with us for any reason by writing or emailing to us at the address set out in paragraph 17 below. Please note, however, that your right to cancel your account with us does not apply to purchased but unused credits or the remainder of any term on your subscription.
Using cellphones, cameras and other recording devices at our Fitness Facilities, including in our locker rooms and other private spaces, is strictly prohibited. As a courtesy to other participants, you may not speak on your cell phone or utilize any video chat application while at the Fitness Facilities.
You may take photos in public areas of the Fitness Facilities (including without limitation the entrance and hallways, smoothie bar and retail store) solely for personal use. You may not take photos or videos in the Fitness Facilities that promote your or any third party’s business, products or services. Use of any lighting, tripods or other such equipment is prohibited.
You are expected to be respectful of other participants, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken at our Fitness Facilities and another individual appearing in that content complains, we reserve the right to request you to remove the post.
We advise you to avoid bringing valuables to the Fitness Facilities. To the maximum extent permitted by law, we shall not be liable for the loss of, theft of, or damage to any personal property, including, without limitation, items left in lockers, locker rooms, bathrooms, or anywhere else at the Fitness Facilities.
Lockers in the Fitness Facilities are provided solely for your benefit and convenience. You are responsible for locking your locker and may be required to provide your own lock. We will remove any articles left in a locker overnight.
You are required to wear appropriate athletic attire when using any of our equipment and participating in any class. We may deny you access to the classes and use of the Fitness Facilities if you do not wear proper attire and footwear, as determined in our sole discretion.
Unless requested by the instructor to remove your footwear for certain classes, such as stretch or boxing, you must wear appropriate footwear at all times at the Fitness Facilities.
Our Services, as provided by our instructors and trainers, are voluntary activities in which you may elect to participate. The nature of physical training may require close contact between you and your instructor or trainer and that they may need to touch your body to provide adjustments and guidance as necessary. You may end your class if you feel uncomfortable at any time. If you have concerns as to how a class was conducted, please raise those concerns with us. We uphold our staff to the highest standards of professionalism, and we expect the same in return from you. If you make any inappropriate or sexually suggestive remarks or advances, your class will be terminated immediately and we may, in our sole discretion, terminate your account with us or take other actions that we deem necessary.
Unused, undamaged, regular-priced retail products, with all tags attached, that were purchased from us either in-store or online can be returned for exchange or refund within 30 days of purchase, with the valid payment method used at the time of purchase and proof of your purchase. We reserve the right to refuse return of any retail that appears to have been used or damaged, or has tags removed. All sale items are final sale and cannot be returned.
To the maximum extent permissible by law, the Fitness Facilities and our Services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, we disclaim and provide no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.
Under no circumstances will we, our affiliates, our licensors, and our and their respective directors, officers, employees, shareholders, agents and representatives, be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the Fitness Facilities or our Services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will our cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the Fitness Facilities or our Services or otherwise under this Agreement exceed one hundred Canadian dollars (CDN $100.00).
We value your privacy. In our Privacy Policy (our “Privacy Policy”), we describe our practices with respect to the collection, use, storage and disclosure of Personal Information (as defined therein) which you provide to us when visiting or using our Website, our App, the Fitness Facilities or our Services. By visiting the Website, using or downloading the App, attending our Fitness Facilities or using any of our Services, you agree that we may collect, use and disclose your personal information as described in our Privacy Policy.
By using our Website and our App, you acknowledge that we remain the owner or authorized licensee of our trademarks and all the content, arrangement and software of the Website and App, you may only view, electronically copy or print any information from the Website or App for your personal use, and any other use of the materials on our Website or App is strictly prohibited.
Your use of the Website and the App are governed by our Terms and Conditions, our Privacy Policy and any other policies or agreements posted by us on the Website or in the App. If you do not agree with these Terms and Conditions, our Privacy Policy or other policies, you must not use the Website or the App.
You are responsible for maintaining the confidentiality of your account and password on the Website and through the App, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with us via email or text, you are communicating electronically. You may also receive communications from us electronically in accordance with the consent that you provide to us, and we may communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures and other communications from us that we provide electronically satisfy any legal requirement that such communications be in writing.
Please note that from time to time we may link to a third-party webpage from our Website or App. We are not responsible for the content these webpages, and going to these third-party webpages is at your own risk. Similarly, you are not permitted to establish links to or from other webpages to the Website or App, or use any computer code, data mining software or other automatic device or manual process to monitor or copy our Website or our App.
We take our policies seriously – any changes to our Terms and Conditions, our Privacy Policy, our Waiver or Waiver for Minors or any other policies or agreements will only be made if approved by our management and cannot be made on an individual basis. However, occasional changes may be made to our Terms and Conditions, Privacy Policy or any other policies or agreements, including to address any new services added to our Services or a change in our operations or pricing. You agree that we may provide notice of such changes by posting the updated policies on the Website, on the App or by notice of such changes at the Fitness Facilities. By purchasing credits or a subscription you agree to be bound by any such terms and conditions as are in place at the time of your purchase of the credits or the subscription and use of the Fitness Facilities and our Services.
You are also encouraged to periodically check our Privacy Policy, as referred to in paragraph 11, to stay informed. In no circumstances will any changes to these Terms and Conditions limit your rights in respect of classes you have purchased prior to such changes.
We believe every participant and every class counts. Our goal is to do our best to ensure that every experience with us will surpass your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem by writing or emailing to us at the address set out in paragraph 20 below. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
By entering into this Agreement, subject to applicable laws, we and you agree to submit any and all Disputes (as defined below) to binding arbitration by a single arbitrator in an arbitration administered by the International Centre for Dispute Resolution (Canada) (“ICDR Canada”) in accordance with its Canadian Expedited Procedures. The formal seat of the arbitration shall be Vancouver, British Columbia.
For the purposes of these Terms and Conditions, and except as described below, the term “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of this Agreement except for the scope, enforceability and interpretation of our Agreement to arbitration.
The term “Dispute” shall not include personal injury claims or claims for lost, stolen, or damaged property. Any such claims are not subject to arbitration.
These Terms and Conditions and your use of the Fitness Facilities and our Services are governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein. Except as provided above in relation to those Disputes that either you or we submit to binding arbitration, if you bring any legal proceeding against us, it must be must be brought in the Supreme Court of British Columbia in Vancouver, British Columbia.
You can direct any questions or concerns regarding these Terms and Conditions by writing or emailing to us at:
House Concepts
701-1431 Continental St.
Vancouver, British Columbia V6Z 1R6
E: info@houseconcepts.com