BUY PASS

Terms of Service

Buy Passes
Schedule
Classes

TERMS OF SERVICE

THESE TERMS OF SERVICE (THIS “AGREEMENT” OR THESE “TERMS” IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “I” OR “ME” OR “MY”) AND ZENDEN COLLECTIVE LTD., AND ITS SUBSIDIARIES AND AFFILIATED ENTITIES (COLLECTIVELY, “ZENDEN”, THE “COMPANY”, “US” OR “WE”), REGARDING YOUR USE OF SERVICES (INCLUDING PARTICIPATING IN ANY CLASSES, SESSIONS, EVENTS OR EXPERIENCES HOSTED, SPONSORED, OR AFFILIATED WITH ZENDEN) AND PURCHASE OF PRODUCTS (COLLECTIVELY, THE “SERVICES”) WHETHER AT OR VIA: (I) A ZENDEN IN-PERSON LOCATION; (II) HTTPS://WWW.ZENDENSOCIAL.COM OR HTTPS://WWW.EXPERIENCEZENDEN.COM (COLLECTIVELY, THE “WEBSITE”); (III) ZENDEN’S BOOKING PLATFORM OR VIA INSTRUCTORS EMPLOYED OR OTHERWISE ENGAGED BY ZENDEN; AND/OR (IV) ANY APP OR OTHER SOFTWARE PROVIDED BY ZENDEN (COLLECTIVELY, THE “PLATFORM AND SERVICES”). 

By accessing or using any part of the Platform and Services (including, without limitation, purchasing memberships), or clicking “I Agree”, “I Accept”, “Submit Order”, or similar language, you agree to be bound in all respect by this Agreement, whether you have read them or not, and you will waive certain legal rights, including the right to sue or claim for compensation as set forth below. If you do not agree to all of the terms and conditions of this Agreement, then you should cease to use the Platform and Services immediately. 

We reserve the right to update, change or replace any part of these Terms at any time by posting updates and/or changes to the Website. It is your responsibility to check periodically for changes. Your continued use and access of any part of the Platform and Services following the posting of any changes constitutes your acceptance of those changes and agreement to be bound by those new terms and conditions. 

AGE

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. We do not allow individuals under the age of majority in your state or province to use the Platform and Services and in such cases, if you are under the age of majority in your state or province, you should immediately cease to use the Platform and Services.

RELEASE OF LIABILITY AND ASSUMPTION OF RISKS – PLEASE READ CAREFULLY

In consideration of Zenden permitting you to participate in any classes, sessions, events or experiences (including private sessions or group sessions), and the use of Zenden’s other on-site amenities (collectively, the “Activities” and each, an “Activity”), and for other good and valuable consideration, you agree to all of the terms and conditions set forth in this Agreement, with respect to each and every Activity that you participate in.

  1. I am aware and understand that the Activities may involve many risks, dangers and hazards, including, but not limited to, the risk of serious injury, death, disability, loss or property damage. I understand that my participation in the Activities is entirely voluntary. I freely accept and voluntarily assume any and all of the risks, dangers and hazards associated with my participation in each and every Activity and the possibility of injury, disability, death or property damage, whether caused by negligence of Zenden or otherwise. I understand that at all times during each and every Activity, I will abide by and comply with any instructions given to me in respect of the Activities and freely accept and voluntarily assume that non-compliance may result in injury, death, disability, loss or property damage and may result is my removal from the Activities, without any compensation or refund. For clarity, this assumption of risk shall apply for each and every Activity you participate in.
  1. I understand that I am in good health and suffer from no physical or mental condition that would make me susceptible to injury, death or disability while participating in any of the Activities. I understand that I should consult a doctor in advance of performing or participating in any of the Activities and that I should advise Zenden of any health concerns in advance of starting an Activity. I also understand that certain Activities may involve limited light, bright light, infrared light, sound exposure, heat and cold temperatures, weights and the use of various exercise machines and equipment. I understand that if my health changes from time to time between Activities, it is my responsibility to consult a doctor and obtain appropriate medical advice. Zenden in no way guarantees that you will achieve your desired fitness results from participating in an Activity. If at any time during my participation at an Activity, I experience any medical conditions, including, but not limited to, light flashes, migraines, seizers, then I will immediately cease to by continued participation in the Activity.  
  1. I, on my own behalf and on behalf of my heirs, executors, administrators, personal representatives and permitted assigns, hereby expressly waive and release any and all claims which I have or may in the future have against Zenden, and each of its directors, managers, officers, employees, contractors, agents, representatives, shareholders, successor and assigns (collectively, the “Releasees”), arising out of or related to any of the Activities (including while on my way to, while at, and while leaving any premises at which Zenden offers any of the Activities) or the Platform and Services due to any cause whatsoever, including, without limitation, the negligence of Zenden or any other releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. 
  1. I covenant not to make or bring any such claim against Zenden or any other Releasee, and forever release and discharge Zenden and all other Releasees from any liability whatsoever under such claim to the maximum extent permitted by law. I shall indemnify, defend and hold Zenden and all other Releasees harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, cost, or expenses of whatever kind or nature whatsoever, including reasonable legal fees incurred in connection with any third-party claim, suit, action or proceedings arising out of or related to any of the Activities (including while on my way to, while at, and while leaving any premises at which Zenden offers any of the Activities) and/or the Platform and Services.
  1. I accept that Zenden assumes no responsibility whatsoever, directly or indirectly, for any of my personal property, regardless of whether such property is lost, stolen or damaged, including, but not limited to, regardless of whether such property is stored in any Zenden designated areas.
  1. I understand and accept that the assumption and release provisions of this Agreement are intended to be as broad and inclusive as permitted by the province of British Columbia. If a court of competent jurisdiction determines that the release of claims set forth herein is not valid, I agree that in no event shall the Releasees’ aggregate liability arising out of or related to any of the Activities and/or the Platform and Services exceed the greater of: (i) the total amount paid by me to Zenden in the 6 months preceding the event giving rise to the claim; and (ii) $500.
  1. I understand that I have read and understood all of the terms of this Agreement and that I am voluntarily waiving substantial legal rights, including the right to sue Zenden and the Releasees.

ADVISORY REGARDING MEDICAL CONDITIONS – PLEASE READ CAREFULLY

Notwithstanding the assumption and release provisions of this Agreement, Zenden does not recommend using the sauna facilities if you are pregnant and does not recommend participation in any of the Activities if you suffer from circulatory or heart conditions, including, without limitation, high blood pressure,  coronary heart disease, angina, arrythmia, value disease or congenital heart disease or those conditions that require medication. I acknowledge that if I suffer from any medical conditions, any participation in the Activities will be at my sole risk and by participating, you are expressly assuming the assumption of risk and releasing any and all liability in connection therewith.

CONSENT TO MEDICAL TREATMENT – PLEASE READ CAREFULLY

I authorize Zenden and each of its other Releasees to provide me with customary medical assistance, transportation, and emergency medical services as a result of any injury or health condition that I sustain during an Activity. This consent does not impose a duty on Zenden or any of its Releasees to provide such assistance, transportation or services. You have the right to refuse medical assistance and understand that Zenden and its other Releasees will provide assistance in the event you are incapacitated or otherwise unresponsive.

PHOTOGRAPHY

I understand that photographs may from time to time be taken by Zenden during Activities for promotional, educational and/or commercial purposes. By participating in any Activity, I agree to grant Zenden a worldwide, royalty-free, perpetual license to use my photographic, video or digital likeness solely for promotional, educational and/or commercial purposes. 

TREATMENT OF OTHERS

Zenden enforces a zero-tolerance approach to your treatment of others. Threatening language, harassment, racism, bullying, attacks on or intimidation of any party, malicious speech regarding topics of sexual orientation, gender, gender identity, age, ethnic origin or race, religion, nationality, disability, or hate speech will not be tolerated. If you engage in any of the foregoing towards Zenden’s staff or other attendees, you will be required to leave the Activity immediately, without compensation or refund. Furthermore, your access to the Platform and Services, determined at Zenden’s sole discretion, may be terminated effective immediately, without refund or compensation. If you attend any Activity under the influence of drugs or alcohol, or we have reason to believe that you are under the influence of drugs or alcohol, Zenden shall have the right to refuse your participation in the Activity, without refund or compensation.

ACCOUNT

In order for you to use certain aspects of the Platform and Services, you will be required to create a user account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Platform and Services, without refund or compensation. Failure to provide complete and accurate information may result in you not having access to all of the features and services available on the Platform and Services. 

You are solely responsible for all activities that occurs through your account. Users are responsible for keeping their login details confidential and safe. You should maintain a password that meets reasonable standards of security. Zenden is not responsible for any loss or damage arising from unauthorized access of your account. By registering, you agree that you will be fully responsible for all activities that occur under your username and password. To protect your account from unauthorized use, you should not provide your username and password to anyone else. If you become aware of any unauthorized use of your account or a breach of security, you must notify Zenden immediately by emailing info@experiencezenden.com. 

MEMBERSHIP SUBSCRIPTION FEES

Zenden offers membership subscription-based access to its in-person Services, which vary depending on the number of sessions you elect to purchase. If you purchase a membership subscription, you will, in addition to these Terms, be bound the terms and conditions of the applicable membership subscription agreement which you will be required to agree to when you make a purchase. 

OFFERS, DISCOUNTS AND PROMOTIONS

Zenden may from time to time offer discounts, promo codes, or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and are always granted at Zenden’s sole discretion. Repeated or reoccurring offers or discounts create no claim/title or right that users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or in limited quantities and only available to certain people. Unless otherwise states, the following rules shall apply to all offers, discounts and promotions (collectively, the “Discount Offers”).

  1. Each Discount Offer is only valid when used in the manner in within the timeframe specified at the time of issue.
  1. Discount Offers may only be applied, in its entirety, at the time of purchase and cannot be partially redeemed.
  1. Discount Offers may not be combined with other Discount Offers unless otherwise expressly specified.
  1. Discount Offers not used with automatically expire after the stated period and you are not entitled to any refund or compensation.
  1. Discount Offers are intended solely for non-commercial use and may not be reproduced.
  1. Discount Offers have no cash value.

PROHIBITED USES

You are prohibited from using any part of the Platform and Services or its content:

  1. For any unlawful purpose; 
  1. To solicit others to perform or participate in any unlawful acts; 
  1. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  1. To infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
  1. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  1. To submit false or misleading information;
  1. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 
  1. To collect or track the personal information of others; 
  1. To spam, phish, pharm, pretext, spider, crawl, or scrape; 
  1. For any obscene or immoral purpose; or 
  1. To interfere with or circumvent the security features of the Platform and Services or any related website, other websites, or the Internet. 

Zenden reserves the right to terminate your use of the Platform and Services or any related website for violating any of the prohibited uses.

PROPRIETARY RIGHTS

All materials with respect to the Platform and Services, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, software and other elements (collectively, the “Materials”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Zenden or by third parties that have licensed or otherwise provided the Materials to Zenden. You acknowledge and agree that all Materials on the Platform and Services are made available to you for limited, non-commercial, personal use only. No Materials may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity without Zenden’s express prior permission.

CONSENT TO ELECTRONIC COMMUNICATIONS 

By using or accessing the Platform and Services, , you understand that we may send you communications or data regarding the Platform and Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information, newsletters and materials regarding Zenden’s products and services, via electronic mail. We will give you the opportunity to opt-out of receiving commercial electronic mail from us by following the opt-out instructions provided in the message. You are solely responsible for all fees charged by your telecommunications service provide or any other service provider related to your use of the Platform and Services, including, without limitation, any SMS/text messaging fees, data charges and other fees.

THIRD PARTY SITES AND CONTENT

The Platform and Services may contains (or you may be presented with through the Platform and Services) links to other websites not operated by Zenden (“Third Party Sites”). You acknowledge and agree that we do not investigate, check, or monitor nor are we responsible in any way for such Third Party Sites accessed through or available on the Platform and Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites. The inclusion of or linking to a Third Party Site does not imply (a) our approval, investigation, sponsorship, recommendation or endorsement thereof; nor (b) any affiliation with Zenden. If you decide to leave the Platform and Services you agree that you do so at your own risk and you acknowledge that these Terms do not govern or apply.  Please review the applicable terms and policies including privacy policies of any Third Party Site to which you may navigate through the Platform and Services. We are not responsible for any Third Party Site you access through the Platform and Services, and you irrevocably waive any claim against us with respect to such Third Party Sites. 

PRIVACY

In order to operate and provide the Platform and Services, we collect certain information about you. As part of the Platform and Services, we may also automatically upload information about your computer or device, your use of the Platform and Services, and Platform and Services performance. We use and protect that information as described in our privacy policy

NO WARRANTY

ZENDEN PROVIDES THE PLATFORM AND SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENDEN MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

AVAILIBILITY

The Platform and Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user content or personal information. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Platform and Services) or combination thereof.

LIMITATION OF LIABILITY

WITHOUT LIMITING ANYTHING IN THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZENDEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA OR CONTENT) HOWEVER CAUSED, ARISING FROM YOUR USE OF THE PLATFORM AND SERVICES OR CONTENT ACCESSED THROUGH THE PLATFORM AND SERVICES, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ZENDEN IS AWARE OR HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ZENDEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS, RELATING TO THE PLATFORM AND SERVICES EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO ZENDEN IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) $500.

GOVERNING LAW

This Agreement shall be interpreted and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein; and to the extent permitted by applicable law, any claim or cause of action arising under this Agreement may be brought only in the courts of the province of British Columbia, and I hereby consent to the exclusive jurisdiction of such courts; provided that to the extent that applicable consumer protection laws of any jurisdiction permit me to bring a claim in another jurisdiction, then this Agreement shall not prohibit me from bringing a claim in such jurisdiction.

OTHER

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Platform and Services. This Agreement constitute the entire agreement between you and us regarding the use of the Platform and Services, superseding any prior agreements between you and us relating to your use of the Platform and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.