THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND POWERHOUSE FITNESS STUDIOS LTD.
PLEASE READ IT CAREFULLY BEFORE USING THE POWERHOUSE WEBSITE OR SERVICES.
These Terms and Conditions (“Terms and Conditions”), including the Member Agreement attached as Schedule “A” to these Terms and Conditions (the “Agreement”) govern your relationship with POWERHOUSE FITNESS STUDIOS LTD. (“POWERHOUSE”, “our”, “us”, “we”), including, but not limited to your use of the POWERHOUSE website located at www.powerhouseokanagan.ca (the “Site”), your booking and purchase of POWERHOUSE membership or classes, your right to cancel any purchases of POWERHOUSE membership or classes, your purchase of merchandise, your communication with POWERHOUSE, your use of and attendance at POWERHOUSE studios (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).
If you choose to purchase POWERHOUSE membership or classes online, this Agreement sets out the rights you are entitled to under consumer protection laws to cancel that purchase.
By visiting and/or using the Site and/or utilizing any of our Services, you signify your agreement to be bound by the Terms and Conditions and you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. If you do not agree to the Terms and Conditions or our Privacy Policy, please do not use the Site or our Services.
When you visit or use our Site, or communicate with POWERHOUSE via email, you are communicating electronically. You will receive communications from POWERHOUSE electronically in accordance with the consent that you provide to us. POWERHOUSE will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that POWERHOUSE provides electronically, satisfy any legal requirement that such communications be in writing.
We may modify, revise or update the Terms and Conditions at any time by updating this posting. Each time you use the Site, the version of the Terms and Conditions then posted will apply to that use, so you should check this page each time you use the Site.
WEBSITE TERMS OF USE
Ownership:
The contents of this Site are owned by POWERHOUSE or are made available to you by POWERHOUSE under license from a third party. While we are allowing you access to the Site, you acknowledge that your use of the Site is governed by applicable copyright, trademark or other intellectual property laws. You have the right to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of booking classes, making purchases, or other personal use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of POWERHOUSE, is strictly prohibited.
You agree that the contents of this Site may not be copied or scraped for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise. Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
Security Rules:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Non-Solicitation Policy:
The sender of any communications to this Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
Any personal information included in electronic communications to this Site is governed by our Privacy Policy
Links to Other Websites:
Our Site may provide links or references to websites operated by third parties. These third-party websites are not governed by the Terms and Conditions but by other policies that may differ from the Terms and Conditions. In visiting any third party websites, whether linked to this Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third-party website or any content in such website. We encourage you to review the terms of use of each website visited before using those websites.
No Warranties / Limitation of Liability
The Site is provided on an “as is” and “as available” basis and you are using it at your own risk. We make no representations or warranties, express or implied, about the Site or its contents including, without limitation: any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.
In accessing this Site or any other you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access this Site in respect of any such potential risks.
In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of this Site, even if we have been advised by you of the possibility of such loss, damages or injury.
PURCHASING POWERHOUSE MEMBERSHIPS, FITNESS CLASSES & GIFT CARDS
Registering a User Account:
In order to purchase memberships, classes or series of classes, you must create a user account (“Account”) by selecting a username and a password. You agree and understand that you are responsible for maintaining the confidentiality of your username and password. Your username and password, together with any other user information you provide, form your Profile Information and allow you to access your Account. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
You agree not to disclose your password to any third party. 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 are responsible for notifying POWERHOUSE immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
Should you request to delete your account, your Account will be fully deleted and will not be accessible for reactivation.
Use of the Site by Minors:
If you are under the age of majority in the province in which you are using the Site (a “Minor”), POWERHOUSE does not accept the online registration by Minors; please do not attempt to register on the Site if you are a Minor. Registration of a Minor must be completed in person at one of our Studios with a parent or guardian. Minors who meet the minimum age requirement of twelve (12) years old, the minimum weight requirement of 110 pounds (50 kilograms), and whose parent or guardian has signed a waiver form in Studio or electronically (as described in the Member Agreement attached as Schedule “A”), may sign up for classes online.
Purchasing Memberships, Classes and Gift Cards:
You can purchase a POWERHOUSE membership, class or series of classes in person at one of our studios, by telephone, or online on the Site. To purchase classes or to purchase memberships online, you will first need to create an Account on the Site (as described above). If you are already registered, simply login to your account. You must also review and agree to the Member Agreement.
In order to be eligible to book a class, you must first purchase a membership, individual class or series of classes. Once you buy your membership, class or series of classes, you can then book a class online. The memberships, classes and series of classes offered at our Studios, as well as the current prices for memberships, individual classes and series of classes are described on our Site. Please note that memberships, classes and series of classes expire; the expiration dates are set out on the website upon purchase.
Prices for memberships, individual classes and series of classes are subject to change. However, POWERHOUSE will honour any membership rates that you have purchased, regardless of whether there has been a price increase since your purchase, until the contract expires. Grandfathered rates for contract renewals are at the discretion of the individual studio.
In addition to memberships, classes, and series of classes, you can also buy gift cards. Gift cards may only be purchased in person at one of our studios or by telephone at the phone numbers set out in Appendix A. You do not need to register a user account in order to purchase a gift card. Gift cards do not expire. Once a membership, class or series of classes is purchased using a gift card, the membership, class or series of classes will expire, just like any other membership, class or series of classes you buy. See the Member Agreement attached as Schedule “A” for the expiration dates.
GENERAL TERMS AND CONDITIONS
Indemnity:
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless POWERHOUSE, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of the Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous:
This Site is controlled and operated by POWERHOUSE from its offices in the Province of British Columbia, Canada. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of BC 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 Kelowna, BC, Canada and you irrevocably consent to the jurisdiction of such courts.
These Terms and Conditions constitute the sole and entire agreement between you and POWERHOUSE with respect to the Site. The Terms and Conditions supersede any other agreement, whether oral or in writing, and render any other agreement regarding the Terms and Conditions of the Site null and void.
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.
You agree that this agreement is specifically enforceable by POWERHOUSE by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if POWERHOUSE does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which POWERHOUSE has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to POWERHOUSE.
CANCELLATION POLICY
POWERHOUSE has an 8-hour cancellation policy for classes and a 24-hour cancellation policy for personal training. If you cancel your reservation before this timeframe, your credit will be returned to you. If you cancel your reservation after this point, your credit will be lost. Unlimited packages (introductory offers, monthly recurring, etc.) will be charged $20 + applicable taxes for classes canceled within this time frame. If three unpaid late cancellations and/or no shows are accumulated on an unlimited package, the package will be frozen until the charges can be applied.
NO-SHOW POLICY
In the event that you do not cancel your reservation within our cancellation window and fail to attend your scheduled class, your class credit will be lost. Unlimited packages (introductory offers, monthly recurring, etc.) will be charged a single class rate + applicable taxes. If three unpaid no shows are accumulated on an unlimited package, the package will be frozen until the charges can be applied.
ONLINE WAITLIST POLICY
Up to 1 hour before class - If a class is full, you may add yourself to the waitlist. You will need an available credit in your account to do so. When a spot becomes available, you will be automatically added to the class according to your position in the queue, up to one hour before the class is scheduled to begin. If you are successful in securing a spot, an email confirming your reservation will be sent to you. By adding yourself to the waitlist we assume that you are hoping to attend. If you do not wish to be added to the class, you will need to cancel your waitlist booking. This credit will be applied if you are successful in securing a spot or held up until the online waitlist expires (a few minutes after class is scheduled to begin.) If you are scheduled for another class and secure a spot from the waitlist, you will be charged for both reservations. Our 8-hour cancellation policy applies.
1 hour - 30 minutes before class - During this window, if a spot becomes available a member of staff will call the phone number on your POWERHOUSE account, according to your position in the queue. If you confirm that you would like to secure the available spot, you will be added to the class. If you do not wish to attend, or do not answer, you will not be added to the class, and we will call the next client in the queue.
WALK-IN WAITLIST POLICY
30 minutes - 5 minutes before class - Our walk-in waitlist operates on a first-come, first-served basis. If you wish to be added to a full class, you will need to come into the studio physically. Phone requests will not be accepted. The front desk staff will take down the names of clients, in the order in which they ask to be added to the waitlist. 5 minutes before class is scheduled to begin, we will begin to re-allocate available spots to the walk-in waitlist.
ARRIVING LATE
We recommend arriving 15 minutes ahead of time to ensure you get the full POWERHOUSE experience. For the safety of our members, we do not allow latecomers into class.
MOVE LIST
If you are booked into a full class and would like to change class positions, please let our front desk team know. You will be added to the move list and asked for your preferred spot position. 4-minutes before class is scheduled to begin, we will reallocate available spots to individuals on the move list, according to the order in which they are added to the list.
SCHEDULE “A”
Powerhouse Member AGREEMENT
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND POWERHOUSE. PLEASE READ IT CAREFULLY.
This membership agreement (“Agreement”) is a legally binding Agreement between Powerhouse Fitness Studios Ltd. (“POWERHOUSE”, “our”, “us”, “we”) and you (“you” or “your”) and applies to and governs your purchase of a POWERHOUSE membership or POWERHOUSE Fitness classes, your rights to cancel your purchase of POWERHOUSE membership or classes, your booking of classes, your communication with POWERHOUSE, your use of and attendance at the POWERHOUSE studio(s) described in Appendix A (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).
When you visit our website located at www.powerhouseokanagan.ca (the “Site”), or communicate with POWERHOUSE via email, you are communicating electronically. You will receive communications from POWERHOUSE electronically in accordance with the consent that you provide to us. POWERHOUSE will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that POWERHOUSE 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 and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your province of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
If you are at least twelve (12) years old and under the age of majority in the province where you would like to attend a fitness class at one of our Studios, you must have your parent or legal guardian read this Agreement and agree to it on your behalf by signing the electronic waiver online. We do not accept the online registration of individuals who are under the age of majority without a legal parent or guardians consent. Minors who meet the minimum age requirement of twelve (12) years old, the minimum weight requirement of 110 pounds (50 kilograms), and whose parent or guardian has signed a waiver form online or in Studio (as described below), may sign up for classes online.
POWERHOUSE Studios:
Our Studios are located at the locations set out in Appendix A. This Agreement entitles you to book at the Studio that you initially sign up for.
Terms of Agreement / Cancellation, Freeze & Refund Policy:
POWERHOUSE membership options range from one (1) month to twelve (12) months. By purchasing a membership, you agree to make the lump sum and/or recurring monthly payments as set out in the membership description on the Site for the duration of the term of the membership. There are no cancellations and no refunds of membership payments, unless required by law (including as set out below under the heading “Your Cancellation Rights Under Consumer Protection Law”). In the case of a one-month recurring membership; payments will continue until such time as you cancel the membership via email at info@powerhouseokanagan.ca.
Each time you purchase a class or series of classes, you enter into a new Agreement with POWERHOUSE. You must enter into this Agreement before you can purchase any class or series of classes that cost more than $50. Classes or series of classes must be prepaid. There are no cancellations and no refunds of class payments unless required by law (including as set out below under the heading “Your Cancellation Rights Under Consumer Protection Law”). Memberships, classes and series of classes may not be transferred or shared.
If you are medically unable to attend classes, you may request a freeze of memberships ("medical freeze") for up to six (6) months. In such a case, you must provide a doctor's note at the time of such a request. POWERHOUSE reserves the right to verify the note with the doctor. You must notify POWERHOUSE upon returning from the Medical Freeze by emailing your respective studio. After the Medical Freeze, POWERHOUSE will resume charging, and you are obligated to pay your monthly dues until any commitment period has expired.
Medical Freeze requests should be made via email to POWERHOUSE manager. Any non-medical freeze requests should also be directed via email to the POWERHOUSE manager.
POWERHOUSE reserves the right to adjust the Freeze Policy from time to time. Freezing memberships for any period of time does not relieve you from any minimum monthly membership commitment, as may be required for certain types of memberships.
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 at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the Agreement and the day all the services are available. You do not need to give POWERHOUSE a reason for canceling during this 10-day period.
In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties, and remedies at law. For more information, in British Columbia, you may contact the Ministry of Consumer and Business Services.
To cancel this Agreement, you must give notice of cancellation to POWERHOUSE, at the address as set out in the Agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the Agreement, use any address of the supplier that is on record with the Government of BC or the Government of Canada or is known by you.
If you cancel this Agreement within the 10-day period, POWERHOUSE has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Purchasing Memberships and Classes:
In order to be eligible to book or attend a Fitness class, you must first purchase a POWERHOUSE membership, individual class or series of classes. Once you buy your membership, class or series of classes, you can then book a class. The memberships, classes and series of classes offered at our Studios, as well as the current prices and expiration dates are attached as Appendix A to this Agreement and are described on our website located at www.powerhouseokanagan.ca (the “Site”).
You can purchase a membership, class or series of classes in person or online. To purchase online, you must create a user account on the Site as described in the Terms and Conditions, or if you are already registered, simply login to your account.
To ensure every member is provided with the opportunity to take a class in our studios and experience a variety of classes, please note that our locations have a 1-limit class per day.
Expiration Dates:
Memberships, classes, and series of classes expire. The expiration dates are set out below:
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ONE CLASS CARDS expire 30 days, FIVE CLASS CARDS expire 3 months, TEN CLASS CARDS expire 6 months from date of purchase.
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ALL MONTHLY UNLIMITED MEMBERSHIPS are valid from the first class booked, for 4 weeks before renewing for another period. (.e.g. if a class is booked on February 15 using a monthly unlimited package, the membership will renew exactly 4 weeks later at 11:59 p.m.).
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ALL LIMITED MEMBERSHIPS are valid from the first class booked, until 4 weeks later before renewing for another cycle.
In addition to memberships, classes, and series of classes, you can also buy gift cards as described in the Terms and Conditions. Gift cards do not expire. Once a membership, class or series of classes is purchased using a gift card, the membership, class or series of classes will expire as set out above.
Pricing
Prices for memberships, individual classes and series of classes are subject to change. However, we will honor any memberships, classes or series of classes that you have purchased, regardless of whether there has been a price increase since your purchase.
We currently accept payment by visa debit card, Visa, MasterCard, and American Express. You must first pay for a membership, class or series of classes in order to book a class online.
Flashing Lights:
Our classes take place in a dimly lit studio and incorporate a mix of flashing lights. Exposure to flashing lights may cause aggravation of certain health conditions. If you are at risk or have any concerns, we recommend that you consult your physician.
Therapy Animals:
At POWERHOUSE, we make every effort to accommodate our members. If you are looking to bring a therapy animal to POWERHOUSE please contact the studio ahead of time. We ask that you provide a letter from a legislated professional that confirms that you require a service animal or require the animal for reasons relating to disability. Please note, requests for therapy animals in the studio cannot always be accommodated. We thank you for your understanding.
Text Message Automations:
1. By opting in, you agree to receive recurring automated text messages from POWERHOUSE Fitness Studios at the mobile number you provided. Messages may include [appointment reminders, order updates, account alerts, promotional offers, customer support follow-ups, etc. — customize to your actual use case]. Consent to receive these messages is not a condition of any purchase.
2. Message Frequency You may receive up to [X] messages per [week/month]. Message frequency may vary depending on your activity and interactions with us.
3. Message and Data Rates Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
4. How to Opt Out and Get Help You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at info@powerhouseokanagan.ca.
5. Carrier Liability Disclaimer Carriers are not liable for any delayed or undelivered messages.
Agreement of Release and Waiver of Liability & Acceptance of Risk
THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND POWERHOUSE. PLEASE READ IT CAREFULLY.
In order to attend any fitness classes offered by Powerhouse Fitness Studios Ltd. (“POWERHOUSE”, “our”, “us”, “we”) at any one of our Studios, you (or your parent or guardian if you are under the age of majority) must first enter into a POWERHOUSE Member Agreement and must sign at our Studio(s) this Agreement of Release and Waiver of Liability & Acceptance of Risk (the “Agreement”) agreeing to the following.
As a participant in POWERHOUSE fitness classes, I recognize and acknowledge that there are certain risks of physical injury including, but not limited to death which may arise from accidental contact, falling or other causes. I have no physical condition, which would present a risk of injury to me through my participation in POWERHOUSE fitness classes. Notwithstanding any instruction or consultation by a representative of POWERHOUSE, I agree to assume responsibility for any such injuries, damages or loss which I may sustain as a result of participating in any and all activities connected to or associated with POWERHOUSE , except if caused by the sole negligence of POWERHOUSE.
I hereby release, waive and discharge POWERHOUSE, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives from any and all liability, claim, damages and losses arising out of any loss, damage or injury that may be sustained by me or to any property belonging to me while participating in any and all activities connected to or associated with POWERHOUSE.
I warrant that I have consulted with a physician before attending a POWERHOUSE class, and will do so again following any change in my health state and before attending another POWERHOUSE class after such a change; I agree that I will not attend class if I feel unwell, and acknowledge POWERHOUSE’s right to ask me to leave if I am visibly unwell during or before class (i.e. repeated coughing, repeated sneezing, vomiting, or other physical symptom of unwellness); It is my express intent that this Agreement shall bind the members of my family, my heirs, and assigns. I further agree that participation in any POWERHOUSE fitness classes will be at my own discretion and judgment. I further understand that should POWERHOUSE discover that I have not satisfied any one of these requirements, it may, but is not required to, terminate my participation in a fitness class and/or member Agreement. I acknowledge and agree that there are no cancellations, refunds and or exchanges from the purchase of any package, memberships, classes or series of classes, other than as prescribed by law. I also acknowledge and agree that POWERHOUSE memberships, classes and series of classes may not be transferred or shared.
Warranty Disclaimer and Limitation of Liability:
To the maximum extent permissible by law, the POWERHOUSE services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, POWERHOUSE disclaims, and provides 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 POWERHOUSE, its affiliates, licensors 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 POWERHOUSE 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 POWERHOUSE’s cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the POWERHOUSE services or otherwise under the Member Agreement exceed one hundred Canadian dollars (CDN $100.00). Some provinces do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, certain of the above limitations in this section may not apply to you.
Miscellaneous:
This Agreement is governed by and construed in accordance with the laws of the Province of BC and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to this Agreement must be brought in Kelowna, BC, Canada and you irrevocably consent to the jurisdiction of such courts.
This Agreement constitutes the sole and entire agreement between you and POWERHOUSE with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.
If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement is specifically enforceable by POWERHOUSE by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if POWERHOUSE does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which POWERHOUSE has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to POWERHOUSE.
Email: info@powerhouseokanagan.ca
3373 Skaha Lake road Penticton BC, CANADA V2A 6G6