Terms of Service
OVERVIEW
”www.kimovementstudio.com” is owned and operated by Ki Movement Inc.
This agreement sets forth the terms and conditions applicable to and governing your access and use of Ki Movement’s website and any and all websites and apps, whether mobile, tablet, smartwatch, or otherwise, of Ki Movement (collectively, the “Site”) and any of its affiliates or subsidiaries (collectively, “Ki Movement,” “we,” “us,” or “our”) on which these Terms are posted, including all features, functionalities, services, and content made available through such websites and apps (collectively, the “Digital Properties”).
By using the Digital Properties, or any of the features, functionalities, services, or content made available through the Digital Properties, you are acknowledging that you have read, understand, and agree to these terms and conditions (“Terms of Service,” “Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink, and expressly agree that they form a binding contract between you and Ki Movement studio. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.
Please save and read these Terms of Service carefully before accessing or using the Site. You are only authorized to use Ki Movement studio Services (as defined below) if you agree to abide by all applicable laws and to these Terms of Service. By accessing or using any part of the Site, including, but not limited to, visiting, using, or contributing to the Digital Properties, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should leave the Site and discontinue the use of Ki Movement Studio Services immediately.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
ACCOUNTS POLICY
To access certain features of our website, you need to create an account with Ki Movement Studio. You may not use someone else's account without their permission. When setting up your account, please provide accurate and complete information. You are responsible for all activities associated with your account and must keep your password secure. If you suspect any unauthorized use or security breach, please notify us immediately.
Creating duplicate Ki Movement Studio accounts using the same name, email address, phone number, or physical address is strictly prohibited. We reserve the right to merge such accounts without prior notice. If duplicate accounts are found to be used to access promotions or offers that would not otherwise be available, the full value of the services received will be charged without warning.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
BEHAVIOUR POLICY
At Ki Movement Studio, we are dedicated to fostering a welcoming and healthy environment for everyone. We uphold a zero-tolerance policy for any form of harassment, whether verbal, physical, or visual. Our space is designed for wellness and community, and we kindly ask all guests and team members to treat each other with respect and kindness. We reserve the right to refuse service to anyone who does not adhere to our behavior policy, or for any reason at any time.
NON-HARASSMENT POLICY
Ki Movement Studio has a strict policy against any unwelcome, inappropriate, or offensive behavior from our personnel or members. If you experience such conduct, we encourage you to address it directly with the individual involved, if you feel comfortable. Additionally, please report the incident to a team member by emailing hello@kimovementstudio.com.
When submitting a complaint, we recommend providing as much detail as possible. This should include the date, time, location, names of any witnesses, a description of the incident, and any other relevant information. Ki Movement Studio is committed to thoroughly investigating all reported incidents and ensuring fair treatment for everyone involved. Our response will depend on the specifics of each situation. While we strive to maintain confidentiality during the investigation, some information may need to be disclosed to ensure a proper resolution. Therefore, complete confidentiality cannot be guaranteed.
LIMITATION OF LIABILITY
By creating an account or participating in classes, events, and activities at Ki Movement Studio, you acknowledge, on behalf of yourself and your heirs, that there are inherent risks associated with the physical nature of our services. You voluntarily engage in these strenuous activities and understand that we recommend consulting a physician before starting any classes. By agreeing to these Terms of Service, you confirm that you have been informed about the demanding nature of our group classes and the potential for adverse health effects, including abnormal blood pressure, fainting, heart attacks, or even death.
You assume all risks related to your health and well-being and release Ki Movement Studio, its instructors, members, and employees from any responsibility for costs or damages. You also acknowledge that you and any minors in your care release Ki Movement Studio from liability. Minors aged 15-17 may only participate with a parent or legal guardian present.
In consideration of your participation in our services and use of our facilities, you recognize the inherent risks associated with fitness activities and equipment. Some risks cannot be eliminated, regardless of precautions taken. You understand that Ki Movement Studio provides its services "as is" and disclaims all warranties, express or implied, including those of merchantability and fitness for a particular purpose.
Upon entering Ki Movement Studio, you will inspect the premises and determine that they are safe and suitable for use. If you notice any unsafe conditions, you will cease all activities and promptly inform a staff member.
You accept the risk of any accidents or injuries sustained while using our facilities and agree to exercise caution to protect yourself and others. Risks may include minor injuries (scratches, bruises, sprains), major injuries (eye injuries, joint injuries, heart attacks), and catastrophic injuries (paralysis, death). Ki Movement Studio is not responsible for medical treatment or related costs resulting from injuries.
You agree to follow all posted safety signs, rules, and instructions from Ki Movement Studio staff. We encourage you to consult with your physician before participating, especially if you have a history of heart disease, high blood pressure, or chronic illnesses. If we believe you may be at risk, access to services may be denied until you provide a medical opinion letter from your doctor.
You accept full responsibility for any injuries or damages related to your participation in our services and agree to release, indemnify, and hold harmless Ki Movement Studio, its affiliates, and all related personnel from any claims, injuries, or damages that may arise. You represent that you have no medical conditions preventing you from participating and have not been advised by a physician against exercising. If you have chronic conditions, you acknowledge the increased risks involved.
You understand that Ki Movement Studio makes no claims about medical results from participation and that only licensed medical professionals can provide medical advice. You should not act on any advice from unlicensed Ki Movement Studio employees unless verified by your licensed physician. Additionally, Ki Movement Studio does not manufacture any fitness equipment used in its services and will not be liable for defective products.
To the fullest extent permitted by law, you forever release, waive, and discharge Ki Movement Studio from any and all claims, demands, injuries, damages, actions, or causes of action related to your participation in our services and agree to defend, indemnify, and hold harmless Ki Movement Studio from any such claims.
STUDENT WAIVER
By accepting these Terms, you acknowledge and agree to the conditions detailed in the Student Waiver available on our website, in alignment with the Limitation of Liability clause. You understand that Ki Movement Studio is not responsible for the security of your personal belongings during classes. You recognize that our classes can be physically challenging and choose to participate with full awareness of the risks, including personal injury, property loss, or even death.
You further agree that neither you, nor your heirs, assigns, or legal representatives will pursue any legal action or claims against Ki Movement Studio or its members for any personal injuries, property damage, loss, or wrongful death, whether arising from negligence or otherwise. By agreeing to these terms, you irrevocably and unconditionally release Ki Movement Studio, along with its agents, representatives, and members, from all claims or damages related to such incidents.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access our Services, you may need to provide certain details or information. It is essential that all information you submit is accurate, up-to-date, and complete. You understand that failing to provide complete and accurate information may lead to the termination of your access to the Services.
By using our site, you confirm that you are of legal age in your jurisdiction or that you have obtained consent for any minors under your care to use the Service. Additionally, you represent that you are at least 15 years old. Membership is not valid where prohibited by law. From time to time, we may limit access to specific sections or all of the Services, including studio classes, the website, and digital properties.
COPYRIGHT
The content on the Ki Movement Studio website—including but not limited to text, software, scripts, graphics, images, audio, music, videos, interactive features, and similar materials (“Content”), along with the trademarks, service marks, and logos (“Marks”)—is owned by or licensed to Ki Movement Inc. and is protected by copyright and other intellectual property laws. This Content is provided for your informational and personal use only; it may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without obtaining prior written consent from the respective owners. Ki Movement Studio retains all rights not expressly granted concerning the website and its Content.
You understand that any inquiries, comments, suggestions, ideas, feedback, or other information you share about the website or services are non-confidential and will become the exclusive property of Ki Movement Studio.
You agree to refrain from using, copying, or distributing any of the Content except as explicitly permitted. You also agree not to circumvent, disable, or interfere with any security features of the website or any measures that prevent or limit the use or copying of Content.
“Ki Movement” and other associated graphics, logos, wordmarks, and designs are trademarks of Ki Movement Studio. These trademarks and trade dress cannot be used in connection with any product or service in a way that may cause confusion and may not be copied, imitated, or used in whole or in part without prior written permission from Ki Movement Studio.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information available on this site is inaccurate, incomplete, or outdated. The content on this site is intended for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, or more timely sources. Any reliance on the information provided here is at your own risk.
This site may include historical information, which is not current and is offered for your reference only. We reserve the right to change the content of this site at any time, but we are not obligated to update any information. You acknowledge that it is your responsibility to stay informed about changes to our site.
ERRORS, INACCURACIES, AND OMISSIONS
From time to time, our site or the Service may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to rectify any such errors, inaccuracies, or omissions and to modify or update information or cancel orders if any details in the Service or on any associated website are incorrect, without prior notice (even after you have placed your order).
We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing details, except as required by law. Any indicated update or refresh date in the Service or on any associated website should not be interpreted to mean that all information has been modified or updated.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order you place with us. We may, at our discretion, limit or cancel the quantity of items purchased per individual, household, or order. These restrictions can apply to orders made using the same customer account, the same credit card, or the same billing and/or shipping address. If we need to change or cancel an order, we will attempt to notify you using the email address and/or billing information provided at the time of the order. We also reserve the right to restrict or prohibit orders that we believe, in our judgment, are being placed by dealers, resellers, or distributors.
You agree to provide accurate, complete, and up-to-date billing and account information for all purchases made at our store. You also agree to promptly update your account details, including your email address and credit card information, to ensure we can complete your transactions and reach you as necessary.
MOBILE SERVICES
The Ki Movement Studio Services may offer features accessible through your mobile phone, including (i) the ability to book and purchase Ki Movement Studio credits and classes, (ii) the option to receive and respond to Ki Movement messages, (iii) browsing Ki Movement on your mobile device, and (iv) accessing certain Ki Movement features through a downloaded mobile application (collectively known as “Mobile Services”).
While we do not charge for these Mobile Services, your mobile carrier’s standard messaging, data, and other rates may apply. We recommend checking with your carrier to understand the available plans and any associated costs. Additionally, some Mobile Services may be restricted or prohibited by your carrier, and not all features may be compatible with every carrier or device. Please confirm with your carrier regarding the availability of Mobile Services for your specific device and any relevant restrictions.
By utilizing the Mobile Services, you consent to receive communications from us about Ki Movement Studio and related entities via SMS, MMS, text messages, or other electronic methods on your mobile device. You also agree that we may collect certain information about your use of the Mobile Services.
SERVICE INTERRUPTIONS
Our Services may be temporarily or permanently suspended without prior notice due to security issues, maintenance or repairs, system failures, or other similar circumstances (collectively referred to as “Service Interruptions”). You acknowledge and accept that you will not be entitled to any refunds or rebates related to these Service Interruptions.
Our Site may contain links to third-party websites that are not owned or managed by Ki Movement Studio. We do not have control over these sites and accept no responsibility for their content, privacy policies, or practices. We strongly encourage you to review the terms and conditions and privacy policies of any third-party site you visit.
TERMINATION
We maintain the right to revoke your access to the Site at any time, with or without cause or prior notice. This may result in the forfeiture and deletion of all information linked to your account. All sections of these Terms that are meant to survive termination will remain in effect, including, but not limited to, ownership rights, warranty disclaimers, indemnification, and limitations of liability.
GOVERNING LAW
This Agreement (along with any additional rules, policies, or guidelines incorporated by reference) shall be governed by and interpreted in accordance with the laws of Ontario, Canada, without regard to any principles of conflict of laws.
TERM
These Terms of Service will remain in effect as long as you use Ki Movement Studio Services or maintain a membership. You may cancel your membership for any reason with a minimum of two weeks' notice by contacting Ki Movement Studio directly via email. Ki Movement Studio reserves the right to terminate your membership at any time, without notice, at its sole discretion if you violate these Terms of Service. Even after your membership is canceled, these Terms of Service will continue to apply.
MODIFICATIONS TO THE SERVICE AND PRICING
Prices for our products may change without prior notice. We reserve the right to alter or discontinue the Service (or any part or content thereof) at any time and without notice. We will not be held liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuations of the Service.
FEES
You understand that Ki Movement Studio charges fees for its services and retains the right to change these fees at our discretion. If your membership is terminated due to a violation of these Terms of Service, you may not be eligible for a refund for any unused portion of your membership or any other fees.
REFUND POLICY
We do not offer refunds on any single classes, class packages, memberships, workshops, events, gift cards or merchandise. No exceptions. Gift cards cannot be exchanged for cash and will not be replaced if lost or stolen.
CHANGES TO THIS AGREEMENT
We may update these Terms as our business and Digital Properties evolve. Any changes will be posted here, and they will take effect immediately upon posting. By continuing to use the Digital Properties, you accept and agree to be bound by the revised Terms. We encourage you to review these Terms periodically while accessing or using the Digital Properties. For your reference, we recommend printing or saving a copy of the updated Terms.
ENTIRE AGREEMENT & NO WAIVER
These Terms, along with any notices provided through the Digital Properties, represent the complete agreement between you and Ki Movement Studio regarding our services, superseding all prior agreements, discussions, and communications. No waiver of any term within these Terms shall be considered a continuing waiver of that term or any other term. Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. Ki Movement Studio retains the right to amend these Terms at any time without prior notice. It is your responsibility to review these Terms regularly for any updates. Continued use of the Ki Movement Studio website after any amendments signifies your acceptance of the revised Terms.
INDEMNIFICATION
You agree to indemnify, defend, and protect Ki Movement, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorney fees, made by any third party as a result of your breach of these Terms of Service or any documents they reference, or your violation of any law or the rights of another party.
SEVERABILITY
If any provision of these additional Terms is found to be invalid by a court of competent jurisdiction, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions concerning promotional cards.
FEEDBACK
You may provide comments, reviews, suggestions, or ideas regarding our Services (collectively referred to as “Feedback”). By submitting Feedback, you agree that it is provided on a NON-CONFIDENTIAL BASIS, is voluntary, unsolicited, and without restrictions. Ki Movement Studio does not have any fiduciary duty or obligation regarding your Feedback. You grant Ki Movement Studio the unlimited and perpetual right to use, copy, modify, publish, redistribute, create derivative works from, or otherwise disseminate your Feedback for any purpose without compensation or obligation to you or any third party. Ki Movement Studio retains the right to utilize similar or related feedback or ideas developed by its employees or obtained from other sources.
STUDIO POLICY & PRIVACY POLICY
You acknowledge that you have read and agree to our Studio Policy and Privacy Policy.
CONTACTING US
If you have any questions about these Terms of Service, Ki Movement Studio’s practices, or your interactions with this Site, please reach out to us at hello@kimovementstudio.com