TERMS & CONDITIONS

NOTICE OF YOUR RIGHT TO CANCEL

You have the right to cancel this contract for any reason within 10 days of receiving a copy of it, without penalty and with a full refund of any amount paid. You also have the right to cancel at any time due to a substantiated medical condition. See the “Membership Cancellation & Termination Policy” section below for full details, including how to give notice. 

Please take the time to read and understand these terms and conditions (the “Terms and Conditions”)  set out below prior to making any purchase, registering or participating in any classes, training sessions, events, or other activities (collectively “Training Sessions”, “Services”) offered by Cartel Hybrid Collective Ltd. (“Cartel Hybrid Collective”, “Cartel”, “us”, “we” or “our”).

Cartel Hybrid Collective is located at 331 East 2nd Avenue, Vancouver, BC and can be reached at team@cartellybridcollective.com.


OUR CONTRACT

These Terms and Conditions govern your relationship with Cartel Hybrid Collective. You are deemed to have agreed to these Terms and Conditions (which constitutes the entire agreement between you and Cartel Hybrid Collective), and our Privacy Policy when you:

  • Visit and use our website (www.cartelhybridcollective.com) (the “Website”) or our mobile Member Application (the “Member App”)

  • Create an account with us

  • Purchase merchandise or memberships or Services offered by us

  • Register for classes or training sessions or other activities or Services offered by us

  • Cancel memberships or Services offered by us

  • Communicate with us

  • Visit, attend, and use our premises (“Gym”, “Fitness Facilities”) or Services

We reserve the right to modify these Terms and Conditions at any time. Such modified Terms and Conditions will become effective upon our posting such Terms and Conditions to the Website. Your continued use of the Website and/or the Cartel Hybrid Collective’s services after such a modification has been posted shall be deemed to constitute acceptance by you of any such modified Terms and Conditions. It is your obligation to review these Terms and Conditions and to become aware of any modifications.

These Terms and Conditions incorporate by reference our Privacy Policy (available for viewing on the Website), which we may also amend from time to time in the future.


MINORS POLICY

Cartel Hybrid Collective does not accept purchases or registrations made by minors without parent or legal guardian consent. You must be at least 19 years of age to independently purchase, register for, or participate in any Training Sessions or Services. If you are between 16 and 18 years of age, your parent or legal guardian must create your account, provide written consent to these Terms and Conditions on your behalf, and remain reasonably available to be contacted during your participation in any Training Session or Service ("Supervised").

By representing that you meet the age and supervision requirements above, and by visiting our Website or Member App and purchasing or participating in our Services, you represent and warrant that you (or, if applicable, your supervising parent or guardian) have the right, authority, and capacity to agree to and abide by these Terms and Conditions, and you agree to use our Website, Member App, Services, and Fitness Facilities in a manner consistent with all applicable laws and regulations.


HEALTH REQUIREMENTS, ASSUMPTION OF RISK, MEDICAL AUTHORIZATION

Training Sessions at Cartel Hybrid Collective can be physically demanding and clients must ensure that they are suitably fit and healthy to allow for full participation. 

As part of registration, you are required to complete a Physical Activity Readiness Questionnaire ("PAR-Q") disclosing relevant health information. It is your responsibility to keep this information current and to notify us of any changes to your health status that may affect your safe participation.

We are able to provide details on mandatory health requirements and offer modifications to cater to your ability; however, we are not medical experts. It is your responsibility to ensure that you have no medical condition that would prevent safe participation in our Services, and that you obtain proper and detailed medical advice and clearance prior to participating in any of our Services. 

You acknowledge and understand that participation in any Training Sessions and Services offered by Cartel Hybrid Collective involves inherent risks of injury, illness, and even death. These risks include, but are not limited to:

  • Muscle strains, sprains, tears, fractures, and joint injuries

  • Cardiovascular events, including heart attack or stroke

  • Slip, trip, or fall accidents on gym premises

  • Injury from use of exercise equipment, free weights, or machines

  • Injury caused by other participants or third parties

  • Heat exhaustion, dehydration, or other environmental conditions

You voluntarily choose to participate in these Training Sessions and Services with full knowledge of these risks. You are physically capable of participating in the Training Sessions and Services and have chosen and consulted a physician if you have any medical conditions that may affect your participation.

You authorize Cartel Hybrid Collective staff to seek emergency medical treatment on your behalf if you are unable to do so. You understand that you are responsible for all costs associated with such medical treatment. We will not be obligated to provide you with a refund if you are unable to complete a Training Session due to your health, fitness or other physical limitations. 


ELECTRONICS & MARKETING POLICY 

By entering Cartel Hybrid Collective’s facilities or participating in Training Sessions or Services, you consent to photography, video recording, and other media capturing for promotional, marketing, or operational purposes in any medium we choose. You grant us a worldwide licence to use such images for publicity and promotional purposes without compensation, royalty, or notice, which is irrevocable solely with respect to images or footage already captured. If you do not wish to be filmed, please notify the coach when you check in for your Training Session or Service; this will apply to future sessions only.

You may take photos or videos in public areas of the Fitness Facilities or at events or activities hosted by us 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. Filming in the washrooms is strictly 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 who appears in that content objects, we reserve the right to request you to remove the post.


BEHAVIOUR POLICY

We provide voluntary Training Sessions and Services in which you may elect to participate. These Services are run by certified fitness professionals whose mandate is to ensure that all of our members and clients are provided with a safe, positive, and rewarding experience. 

At all times, you shall behave in a respectful manner towards other individuals, members, clients, and staff while at our facilities and/or events, and comply with all verbal instructions given to you by our coaches, as well as any stated rules and posted safety signs. If you make any inappropriate or suggestive remarks or advances, your session will be terminated immediately and we may, in our sole discretion, terminate your account with us or take other actions that we deem necessary.

If any of our coaches or staff determine, in his or her sole discretion, that your behaviour is causing or is likely to cause harm, distress, danger or annoyance to any other individuals (including, but not limited to members, clients, and staff) at our facilities, or damage to property, the coach or staff may direct you to leave our facilities or event immediately, and we reserve the right to terminate your class, training session, service and/or membership immediately, with no right of refund. We may also elect to deny you future access to Cartel Hybrid Collective’s facilities and the opportunity to participate in any future Services we may offer. You may be required to pay for loss and/or damage caused by your actions.

In addition to the above, we may, in our sole discretion, terminate or suspend your access to all or part of the Website or the Services we offer at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Services offered by the Cartel Hybrid Collective may be grounds for termination of your access to all or part of the such services at our sole discretion, and you may be referred to appropriate law enforcement agencies. After your access to our Services is terminated for any reason, all terms of these Terms and Conditions survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.


NO SOLICITATION POLICY

Cartel Hybrid Collective is a community built on trust, and our members should be able to train, connect, and participate without being marketed to by other members or third parties. Accordingly, you may not use our Fitness Facilities, Website, Member App, or any private member communication channel (including group chats, social media groups, or other community spaces provided by us) to advertise, promote, solicit, or sell any product, service, business opportunity, or membership in any other organization to other members, clients, or staff, without our prior written consent.

This includes, without limitation, direct sales pitches, multi-level marketing or network marketing solicitations, distribution of promotional materials, and solicitation for competing fitness services. It does not prevent members from having ordinary personal conversations about their own work or interests, provided this is not being used as a means to solicit business from other members.

If we determine, in our sole discretion, that you have violated this policy, we may remove any related content or communications, restrict your access to community channels, and take any of the actions described in the Behaviour Policy, up to and including termination of your membership.


EQUIPMENT & FACILITY CARE POLICY

We expect you to treat Cartel Hybrid Collective’s facilities and equipment with care. Damage caused by misuse, negligence, or failure to follow posted instructions or coach direction will be billed to you at the repair or full replacement cost (including applicable taxes and shipping).

If you notice damaged or faulty equipment, please report it to a coach or staff member immediately and do not use it. You are expected to return all equipment to its proper storage location after use, and clean any equipment you use before leaving.


PERSONAL PROPERTY POLICY

We advise you to avoid bringing valuables to our 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 cubbies, washrooms, or anywhere else in our Fitness Facilities. We will remove any articles left in cubbies overnight.


DRESS CODE POLICY

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.


ANIMALS POLICY

No animals are permitted in the Fitness Facilities at any time, except for service animals accompanying a person with a disability, as required by the BC Human Rights Code and the Guide Dog and Service Dog Act. If you attend with a service animal, please notify staff upon check-in so we can ensure appropriate accommodation. Cartel Hybrid Collective reserves the right to ask a handler to remove their service animal if it is not under control or poses a direct safety risk or to other members, clients, or staff.


RETAIL PURCHASES POLICY

Unused, undamaged, regular-priced retail products, with all tags attached, that were purchased from us can be returned for exchange, credit, or refund within 14 days of purchase, with the valid payment method used at the time of purchase and proof of purchase. We reserve the right to refuse return of any retail item that appears to have been used or damaged, or has tags removed. All sale items are final sale and cannot be returned.


CHARGES & PURCHASES POLICY

Your credit/debit card will be charged for when you buy any Service not when you book your specific dates, including but not limited to: Memberships, Drop In Credits, Personal Training Sessions, or series of Class Credits or Personal Training Sessions. 

Memberships, Credits, and Sessions are personal to you, and are non-transferable, non-refundable and are not interchangeable for any other goods or services we may provide.

By purchasing a Membership, you authorize Cartel Hybrid Collective to charge your payment method on file on a recurring basis, every 4 weeks, for the applicable membership fee, until your membership is cancelled in accordance with the Membership Cancellation & Termination Policy. This authorization remains in effect until your membership ends and all amounts owing have been paid in full. 

We will not process charges that use an incorrect, expired, or over-the-limit credit card and will try to contact you if this occurs. If you fail to pay any fees or charges when due, access, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including legal fees and collection costs, that Cartel Hybrid Collective may incur in its efforts to collect any unpaid balances from you. 


SERVICE RESERVATION, WAITLIST & ARRIVAL POLICY

Your reservation for any of our Services does not guarantee that a particular coach or trainer will run that Service. We reserve the right to change or substitute your coach at any time. For safety and as a courtesy to your coach and other participants, you must be on site, dressed in accordance with the Dress Code Policy, and checked in for your Training Session when it begins. We recommend arriving in the 10 minutes before your Training Session is scheduled to begin to allow enough time to check in and prepare. If you arrive more than 10 minutes after your Training Session starts, you will not be permitted into the Training Session and may, in our sole discretion, be subject to Accountability Fees or penalties per our Service Cancellation & Penalty Policy.

For any AM waitlisted Training Sessions: you will automatically be added and notified by email if a spot opens, up to 10 hours before class starts, no confirmation needed. Normal cancellation and no-show policies apply.

For any PM waitlisted Training Sessions: you will automatically be added and notified by email if a spot opens, up to 2 hours before class starts, no confirmation needed. Normal cancellation and no-show policies apply.


SERVICE CANCELLATION & PENALTY POLICY 

Cancellations for Training Sessions must be cancelled through your account online or on the Member App within the required time. 

For any AM waitlisted Training Sessions: failure to show up or cancel your reserved spot in a full class at a minimum of 10 hours prior to your reserved class or training session will be subject to a $20 Accountability Fee (for clients with Memberships, this will be charged directly to the payment method on your account), or result in loss of Class Credit (for clients using Drop In, Class Credits). 

For any PM waitlisted Training Sessions: failure to show up or cancel your reserved spot in a full class at a minimum of 2 hours prior to your reserved class or training session will be subject to a $20 Accountability Fee (for clients with Memberships, this will be charged directly to the payment method on your account), or result in loss of Class Credit (for clients using Drop In, Class Credits). 

Failure to show up or successfully cancel at a minimum of 24 hours prior to your Personal Training Session will result in the loss of the Personal Training Session (for clients using Personal Training Credits).

Cancellations by email or in person will be treated on a case-by-case basis and, in our sole discretion, be subject to Accountability Fees or loss of Class Credits or Sessions. A cancellation will only be effective when we receive written confirmation in compliance with the timelines set out. If you leave a Class, Personal Training Session, activity, event or any other service we provide for any reason after it has commenced and prior to its completion, we will not be obligated to provide any refunds.

We reserve the right to terminate your membership if you, in our sole discretion, regularly late cancel or no-show. We reserve the right to cancel any Services for any reason upon providing at least 24 hours notice to clients booked into that Service. If we cancel your Service in accordance with the above, you can transfer amounts paid to an alternate like available Service. 


FORCE MAJEURE & TEMPORARY CLOSURES

Cartel Hybrid Collective is not liable or responsible, nor deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any Services or Terms and Conditions when failure or delay is caused by or results from events beyond our reasonable control, including, without limitation: natural disaster, fire, flood, earthquake, epidemic or pandemic, explosion, war, invasion, hostilities, terrorist threats or acts, riots, government order, labour disruption, or emergency utility, power, or water outages lasting longer than 24 consecutive hours (each a "Force Majeure Event").

In the event of a closure due to a Force Majeure Event, we will notify affected members within 2 days, and we reserve the right to temporarily suspend operations, Services, and membership billing. 

If a Force Majeure Event forces the total closure of the Fitness Facilities or prevents us from providing Services for a consecutive period exceeding 30 days, we will notify affected members and, at our discretion, suspend billing for the affected period, extend membership terms by the number of days the Fitness Facilities were closed, issue a credit, or provide a pro-rated refund. Nothing in this section limits any cancellation right you may have under the Business Practices and Consumer Protection Act.


MEMBERSHIP CANCELLATION & TERMINATION POLICY Memberships are a recurring 4-week subscription, billed beginning on your purchase date and continuing automatically every 4 weeks until cancelled. There is no minimum commitment period and you may cancel your membership at any time, for any reason, by giving notice in writing at least 21 days before your next billing date, through your account online, on the Member App, or by emailing team@cartelhybridcollective.com. If we do not receive your cancellation notice at least 21 days before your next billing date, your membership will renew and you will be charged for the next 4-week cycle; that charge will not be eligible for refunds.

You also have the following rights, which do not require 21 days' notice and may entitle you to a refund:

  • Your right to cancel within 10 days. In addition to the above, you have the right to cancel this contract for any reason within 10 days of receiving a copy of it, without penalty. To exercise this right, notify us in writing (including by email or through the Member App) within that 10-day period, and we will refund any amount you've paid within 15 days of receiving your notice.

  • Your right to cancel due to medical reasons. If a physical, medical, or mental condition (substantiated in writing by a physician or nurse practitioner), makes it unreasonable or unsafe for you to continue, you may cancel your membership at any time and receive a prorated refund calculated in accordance with the Business Practices and Consumer Protection Act.

  • Your right to cancel if we relocate.You may also cancel or terminate if we relocate our Fitness Facility more than 30km from your location without providing a reasonably comparable alternative within 30km

  • Your right to cancel if our Services are discontinued. You may cancel or terminate if Services described are no longer substantially available due to our discontinuance of operations.



CARTEL CORE

"Cartel Core" is Cartel Hybrid Collective's loyalty membership status that offers benefits to long-term Membership members. You are eligible for Cartel Core status if you meet either of the following:

  • You hold an active Cartel Open Membership with 13 consecutive billing cycles completed, and you attend an average of 2 classes per week over 52 weeks; or

  • You signed up during our pre-sale period as a Cartel Core Founding Member in which case you automatically hold Cartel Core status. To maintain Cartel Core status, you must have maintained consecutive billing cycles since your pre-sale sign up, and attend an average of 2 classes per week. 

Members who miss a billing cycle for any reason will no longer qualify. Drop-Ins, Personal Training Sessions, or series of Class Credits do not apply. Members who qualify for Cartel Core status are entitled to the benefits listed on our Website.


PRIVACY POLICY

We value your privacy. Any personal information we collect about you will be treated in accordance with our Privacy Policy (available on our Website) and British Columbia's Personal Information Protection Act, which describes our practices with respect to the collection, use, storage, and disclosure of personal information. By visiting the Website, using the Member App, attending our Fitness Facilities, or using our Services, you agree that we may collect, use, and disclose your personal information as described in our Privacy Policy.

Changes to our Terms and Conditions, Privacy Policy, Waiver, or other policies will only be made if approved by our management and cannot be made on an individual basis. Occasional changes may be made including to address any new Services, a change in our operations, pricing, or legal requirements. We will provide notice of such changes by posting the updated policies on the Website, on the Member App, or by notice at the Fitness Facilities. By purchasing any Services, you agree to be bound by the terms and conditions in place at the time of your purchase and use of the Fitness Facilities and Services.

You are encouraged to periodically check our Terms and Conditions and Privacy Policy, to stay informed. 


THIRD PARTY LINKS & WEBSITES

Cartel Hybrid Collective has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked third party sites. Although a third party website and/or app may contain Cartel Hybrid Collective logos, advertising or other content, please understand that it is independent from the Cartel Hybrid Collective, and that Cartel Hybrid Collective has no control over the content of that website and/or app. Accessing third party websites and/or apps from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with the Cartel Hybrid Collective.


INTELLECTUAL PROPERTY RIGHTS

By using our Website and our Member 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 Member App, you may only view, electronically copy or print any information from the Website or Member App for your personal use, and any other use of the materials on our Website or Member App is strictly prohibited.

All material available on the Website and all material and services provided by or through Cartel Hybrid Collective, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with these Terms and Conditions, Cartel Hybrid Collective grants to you a non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Materials that we make available to you through the Website or otherwise for the limited purpose of accessing and using Cartel Hybrid Collective’s Services.

All of Cartel Hybrid Collective’s trademarks, service marks, trade dress, trade names, brand names, logos and domain names, whether registered or unregistered, including all goodwill in connection therewith (the “Trademarks”), are owned by us. You may not use the Trademarks without our prior written consent.

If we, in our sole discretion and without notice, consider that there is an immediate security or operational risk to the services we offer, or any of our, your or a third party’s system, then Cartel Hybrid Collective may immediately suspend access to or use of the services we offer. The suspension of use and access is not a breach of these Terms and Conditions. You acknowledge that the preservation of security, confidentiality and data is paramount. Cartel Hybrid Collective has no liability to you for suspending the services it offers under this provision.

You agree that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the services Cartel Hybrid Collective offers, the Website or Cartel Hybrid Collective or its business (“Feedback”) are and shall be Cartel Hybrid Collective’s exclusive property without any compensation or other consideration payable to you by Cartel Hybrid Collective, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Website, its software, our services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Cartel Hybrid Collective in any Feedback and, as applicable, waive any moral rights.

For the purposes of these Terms and Conditions and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

Cartel Hybrid Collective retains the right to use or share any Aggregated Data generated by anyone using our Website, including our users, for the purpose of enhancing and better providing the Services. “Aggregated Data” means data which does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.

Cartel Hybrid Collective does not sell information about our customers to third parties.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable legal fees) they may incur as a result of your actions, negligence, or breach of this Agreement while using Cartel Hybrid Collective's facility or participating in any Training Session or Service we provide, except to the extent arising from the gross negligence or wilful misconduct of the Released Parties.


LIMITATION OF LIABILITY

To the maximum extent permitted by law, the total aggregate liability of Cartel Hybrid Collective and the Released Parties for any claim arising out of or related to your membership, the Services, or these Terms and Conditions — whether in contract, tort (including negligence), or otherwise — will not exceed the total amount you paid to Cartel Hybrid Collective in the 12 months before the event giving rise to the claim. This limitation does not apply to any liability that cannot be excluded or limited by law.


APPLICABLE LAW, JURISDICTION & SEVERABILITY

This Agreement is governed by the laws of British Columbia, Canada. You agree that any legal proceeding arising out of or related to these Terms and Conditions, the Services, or your membership will be brought exclusively in the courts of British Columbia, sitting in [city, e.g., Vancouver], and you attorn to the exclusive jurisdiction of those courts. 

If any term or condition in these Terms and Conditions is unenforceable or void by operation of law, as against public policy, or for any other reason, that term or condition will be severed from this contract, or amended only to the extent necessary, to allow all remaining terms and conditions to survive and continue as binding.


ACKNOWLEDGMENT

By purchasing a membership or Service, or by using our Website, Member App, or Fitness Facilities, you confirm that you have read and had the opportunity to ask questions about these Terms and Conditions in their entirety.


DISPUTE RESOLUTION

Any dispute arising out of or related to Cartel Hybrid Collective's Website, Member App, Services, or these Terms and Conditions will be resolved on an individual basis. To the extent permitted by law, you agree not to bring or participate in any class, collective, or representative action against Cartel Hybrid Collective in connection with such a dispute. Nothing in this section limits your right to bring an individual claim in the courts of British Columbia.