Last Updated: May 9, 2019
These Terms and Conditions (the “Terms and Conditions”), including the Purchase Agreement (the “ Purchase Agreement”) attached as Schedule “A” to these Terms and Conditions governs your relationship with Maxwell Kline Enterprises Ltd. (“Spar”, “our”, “us”, “we”), including but not limited to your use of the Spar website located at sparboxing.ca (the “Site”), your booking and purchase of Spar membership or classes, your right to cancel any purchases of Spar membership or classes, your purchase of merchandise, your communication with Spar, your use of and attendance at Spar’s studio (“Studio”), and services we provide in connection with the above (collectively, the “Services”).
If you choose to purchase Spar membership or classes online, the Purchase Agreement sets out your rights and obligations in relation to that purchase.
We may update the Terms and Conditions from time to time. Each visit to the Site will be governed by the version of the Terms and Conditions posted at the time of that visit.
You agree that, without Spar’s prior consent, this Site and its data may not be copied or “scraped” for commercial use, or posted to other websites. You do not have any right to any of the content of this Site under any intellectual property laws.
You are may not violate or attempt to violate the security of the Site, including, without limitation: (a) logging into a server or account that you are not authorized to access; (b) attempting to scan or test the vulnerability of a system or network; or (c) attempting to interfere with service to any user, host or network. We will investigate any such violations and will involve law enforcement to prosecute violations as necessary.
You are prohibited from posting to the Site.
You agree to defend, indemnify and hold harmless Spar, its affiliates and subsidiaries, and their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation legal costs on a solicitor-and-client basis, resulting from or arising in relation to your use of the Site or your breach of the Terms and Conditions. We will provide notice to you promptly of any such claim or proceeding.
Links to Other Websites
PURCHASING SPAR MEMBERSHIPS, CLASSES and GIFT CARDS
In order to purchase memberships or classes, you must first review and agree to the Purchase Agreement.
Purchasing Memberships, Classes and Gift Cards
In order to be eligible to book a class, you must first purchase a membership or pass. The purchase options are described on our Site. Please note that memberships and class passes expire; the expiration dates are set out in the Purchase Agreement.
Gift cards may be purchased in person at one our Studio or by telephone. You do not need to register a user account to purchase a gift card.
Registering a User Account
In order to purchase memberships or class passes, you must create a user account. Your username and password, together with any other user information you provide, form your “Profile Information”. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
You agree that you are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you will notify Spar immediately.
You agree to receive all required notices electronically to the email address you provided us.
You may request to delete your Account at any time.
Use of the Site by Minors
Spar does not accept online registration by minors. If you are under the age of majority in the province in which you are using the Site, please do not attempt to register on the Site. Registration of a minor must be completed in person at the studio with a parent or guardian. Only minors who have been registered in Studio may sign up for classes online.
GENERAL TERMS AND CONDITIONS
This Site is controlled and operated by Spar in British Columbia, Canada. These Terms and Conditions are governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to the Terms and Conditions must be brought in Victoria, British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.
If any provision of the Terms and Conditions shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
If Spar does not exercise or enforce any legal right or remedy contained in these Terms and Conditions, such lack of action will not be deemed a formal waiver, and those rights or remedies will still be available to Spar.
SPAR PURCHASE AGREEMENT
This is a legal agreement between you and Spar. Please read it carefully and contact us if you have any questions or concerns.
By purchasing a membership, class passes, or other products from Maxwell Kline Enterprises Ltd. (“Spar”, “our”, “us”, “we”), you (“you” or “your”) agree to the terms set out below (the “Agreement”) and acknowledge that the Agreement applies governs your purchase(s), your rights to cancel your membership or passes, your booking of classes, your communication with Spar, your use of the Spar studio (the “Studio”), and any services we provide in connection with the above (collectively, the “Services”).
You will receive communications from Spar electronically in accordance with the consent that you provide to us. Spar will communicate with you by email or by posting notifications on our website, sparboxing.ca (the “Site”). You agree that all notices, disclosures, and other communications Spar provides electronically, satisfy any legal requirement that such communications be in writing.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of majority in your province of residence. If you accept this Agreement, you represent that you have the capacity to be bound by it.
If you are at least fourteen (14) years old and under the age of majority in British Columbia, you must have your parent or legal guardian read this Agreement and agree to it on your behalf in person at the Studio. We do not accept the online registration of individuals who are under the age of majority. Minors who meet the minimum age requirement of fourteen(14) years old, and whose parent or guardian has signed a waiver form in Studio, may sign up for classes online.
Term of Agreement / Cancellation & Refund Policy
Spar membership options range from one (1) month to twelve (12) months. By purchasing a membership, you agree to make the lump sum and/or monthly payments as set out in the membership description on the Site for the duration of the term of the membership. Each time you purchase a class or series of classes, you enter into a new Agreement with Spar. You must enter into this Agreement before you can purchase any class or series of classes. Classes or series or classes must be prepaid. There are no cancellations and no refunds of membership payments or class payments, unless required by law.
Memberships, classes and series of classes may not be transferred or shared.
Your Cancellation Rights Under Consumer Protection Legislation
The following applies if you have purchased and paid for in advance a membership or series of classes for over $50:
You may cancel this Agreement no later than ten (10) days after the day you receive a written copy of this Agreement (which copy you agree to accept by email at the address you have provided to us). You do not need to give Spar a reason for cancelling during this 10-day period.
To cancel this Agreement, you must give notice of cancellation to Spar, at the address below.
If you cancel this Agreement within the 10-day period, we will refund any payment you have made within fifteen (15) days by granting you a Spar class credit.
You acknowledge and agree that there are no cancellations, refunds, and or exchanges from the purchase of any package, membership, class, or series of classes, other than as set out above or otherwise prescribed by law.
Purchasing Memberships and Classes
The memberships, classes and series of classes offered at our Studio, as well as the current prices and expiration dates are described on our Site.
Memberships, classes or series of classes are available for purchase in Studio or online. To purchase online, you must first create a user account on the Site as described in the Terms and Conditions.
Please note that memberships, classes, and series of classes expire, as set out below:
• All class cards are valid for one year from the first class booked using that card.
• All monthly memberships are valid for one month from the first class booked using that membership.
• All annual memberships are valid for one year from the first class booked using that membership.
In addition to memberships, classes, and series of classes, gift cards are available. Gift cards do not expire; however, the membership, class or series of classes purchased with the gift card, will expire as set out above.
Agreement of Release and Waiver of Liability & Acceptance of Risk
In order to attend any fitness classes offered by Spar, you (or your parent or guardian) must first sign a waiver of liability at our Studio.
Warranty Disclaimer and Limitation of Liability
To the maximum extent permissible by law, the Spar services are provided on an “as-is” and “as-available” basis. Spar provides no representations, warranties, conditions or guarantees, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose.
Spar, and its affiliates, licensors and their respective directors, officers, employees, shareholders, agents, and representatives, will not be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you, arising out of breach or failure of warranty (express or implied), breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will Spar’s cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the Spar services or otherwise under this Agreement exceed the price of the services purchased from Spar by you.
With the exception of any release and/or waiver of liability signed by you in respect of services offered by Spar, this Agreement constitutes the sole and entire agreement between you and Spar with respect to the subject matter hereof.
Should any portion of this Agreement be declared unlawful, void, or unenforceable, then that portion will be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You agree that if Spar does not exercise or enforce any legal right or remedy contained in this Agreement (or which Spar has the benefit of under any pertinent law), such lack of action will not be a formal waiver of our rights and those rights or remedies will still be available to Spar.
Any notice or questions in respect of this Agreement must be directed to Spar at the contact information below:
Maxwell Kline Enterprises Ltd.
745 Cormorant St,
Victoria, BC V8W 3C8