Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and heather-ann.com/elphinstonemoves.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Heather-Ann/Elphinstone Moves or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Heather-Ann/Elphinstone Moves and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from force majeure for which we will not be responsible.

In order to contract with Heather-Ann/Elphinstone Moves you must be over 19 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Heather-Ann/Elphinstone Moves retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Heather-Ann/Elphinstone Moves or may in some cases be a third party. Where a contract is made with a third party Heather-Ann/Elphinstone Moves is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to or scheduled with you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund..

(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched/scheduled and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Heather-Ann/Elphinstone Moves and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Heather-Ann/Elphinstone Moves.

Indemnity

You agree to indemnify, defend and hold harmless Heather-Ann/Elphinstone Moves, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Heather-Ann/Elphinstone Moves shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Heather-Ann/Elphinstone Moves and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Elphistone Moves’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Cancellation, Refunds And Transfers

(a) Right to Cancel

You are permitted to cancel this agreement until midnight of the 3rd operating day after the date on which you signed and/or purchased the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day on which you receive notice of their availability to cancel the contract. If within this time period, you decide you wan to cancel this contract, you may do so by notifying Heather-Ann/Elphinstone Moves by any writing mailed or delivered to Heather-Ann/Elphinstone Moves at the addresses (electronic or physical) shown on the contract, within the previously described time period. If you do so cancel, any payments made by you, less a user fee of no more than $12 per day of actual use, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Heather-Ann/Elphinstone Moves.

If any of the services described herein become unavailable or are no longer fully operational, before full receipt of the services and use of the facilities for which you contracted, you are liable only for that portion of the total consideration proportional to the elapsed time portion of the contract at the time of the unavailability. Any modification of this Agreement must be made in writing and may only modify the terms of the Agreement concerning the unavailable or no longer fully operational services.

(b) Refunds

Heather-Ann/Elphinstone Moves does not accommodate refunds for purchases which are requested outside of the aforementioned “(a) Right to Cancel” (i.e. Classes, Private/Semi-Private Coaching, Workshops, Specialty Events, etc.). There are no exceptions to this refund policy.

(c) Transfers

If you are a registered participant for an upcoming Heather-Ann/Elphinstone Moves service, you may transfer your registration to another similar event, at no charge, if the request is made at least 7 days in advance. You may also transfer your registration to another person, if you prefer.

If there are unforeseen, extenuating circumstances (e.g. sickness, family emergency, etc.), you may transfer your registration to another similar event, if the request is made at least 24 hours prior to the event’s start date.

Heather-Ann/Elphinstone Moves Online & Distance Support

The Service and Release of Liability Agreement (the “Agreement”) is between Heather-Ann/Elphinstone Moves and you, the Client (Individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by between Heather-Ann/Elphinstone Moves and the Client that the Client is purchasing, for the benefit of the Client, an online or distance support, from Heather-Ann/Elphinstone Moves according to the terms on this Service Agreement.

WAIVER AND RELEASE

I hereby enter into the following agreement with Heather-Ann/Elphinstone Moves (principal place of business in British Columbia, CANADA), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Heather-Ann/Elphinstone Moves”), as a condition of receiving and using Heather-Ann/Elphinstone Moves online and in-person programming services.

1. I acknowledge and fully understand that Heather-Ann/Elphinstone Moves will endeavour to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that Heather-Ann/Elphinstone Moves cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Heather Trevorrow d/b/a @coach_heatherb, Heather Banfield, Heather-Ann, Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Heather-Ann/Elphinstone Moves, no matter where those injuries occur.

2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by Heather-Ann/Elphinstone Moves because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Heather-Ann/Elphinstone Moves, in a facility or location over which Heather-Ann/Elphinstone Moves has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Heather Trevorrow d/b/a @coach_heatherb, Heather Banfield, Heather-Ann. Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) from any and all liability from death, injuries or damages arising from, or in any way connected with, Heather-Ann/Elphinstone Moves’s fitness and performance programming services; Heather-Ann/Elphinstone Move’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Heather-Ann/Elphinstone Moves; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Heather-Ann/Elphinstone Moves, no matter where those injuries occur.

3. I acknowledge and understand that Heather Trevorrow d/b/a @coach_heatherb, Heather-Ann, Heather Banfield, Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dieticians or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Heather-Ann/Elphinstone Moves are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.

4. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either completed a 2020 PAR-Q+, obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.

5. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.

6. Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in British Columbia, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by British Columbia law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by British Columbia law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in British Columbia.

7. I hereby give permission to Heather-Ann/Elphinstone Moves and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.

8. I HEREBY RELEASE, WAIVE AND RELINQUISH ANY AND ALL CLAIMS THAT I MAY HAVE AGAINST Heather Trevorrow d/b/a @coach_heatherb, Heather Banfield, Heather-Ann, Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) AND ITS DIRECTORS, OFFICERS, OWNERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES AS A RESULT OF MY USE OF THE Heather-Ann/ELPHINSTONE MOVES FACILITY OR MY PARTICIPATION IN Heather-Ann/ELPHINSTONE MOVES FITNESS PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING ANY CLAIMS FOR NEGLIGENCE, BUT NOT INCLUDING CLAIMS FOR ANY INTENTIONAL OR RECKLESS ACTS. I DO HEREBY FULLY RELEASE AND DISCHARGE Heather Trevorrow d/b/a @coach_heatherb, Heather Banfield, Heather-Ann, Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) FROM ANY AND ALL CLAIMS FROM INJURIES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE Heather-Ann/ELPHINSTONE MOVES FACILITY OR PARTICIPATION IN Heather-Ann/ELPHINSTONE MOVES PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING DEATH, DAMAGE OR LOSS WHICH I MAY HAVE OR WHICH MAY ACCRUE TO ME ON ACCOUNT OF MY USE OF THE Heather-Ann/ELPHINSTONE MOVES FACILITY OR PARTICIPATION IN Heather-Ann/ELPHINSTONE MOVES FITNESS PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING ALL CLAIMS FOR NEGLIGENCE ON THE PART OF Heather Trevorrow d/b/a @coach_heatherb, Heather Banfield, HEATHER-ANN, Elphinstone Moves Balanced Fitness Solutions (“Heather-Ann/Elphinstone Moves”) IN CONNECTION THEREWITH BUT NOT INCLUDING CLAIMS FOR ANY INTENTIONAL OR RECKLESS ACTS.

9. I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.

DISCLAIMER: Heather-Ann/Elphinstone Moves and all of their members, officers, employees, agents, and representatives are not licensed dietitians, are not offering dieticians advice, and are not offering advice intended as dietary means of improving health or providing medical advice.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Heather-Ann/Elphinstone Moves. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Heather-Ann/Elphinstone Moves.