Privacy Policy & Terms Of Use

We respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and safeguard your data when you interact with our services.

TERMS OF USE
Your access to and use of the Amairen Fitness ("Amairen Fitness", "we", "us" or "our") website and any services offered within it ("Service") constitutes your acceptance of these Terms of Use and the following Privacy Policy (together, "Fine Print"). The Fine Print may be modified from time to time and it is your responsibility to check for updates.

NO CLIENT RELATIONSHIP OR PERSONAL HEALTH OR TRAINING RELATIONSHIP
The material posted on or provided by the Service is for general information only, and should not be taken as specific health and lifestyle advice. Your interaction with the Service does not give rise to a personal training coach-client, advisory, or fiduciary relationship or privilege. If you have a specific problem, please contact our Corporate Head Office.

NO LIABILITY
We assume no liability or responsibility for any errors or omissions in any content provided through the Service. Links to third party websites are provided as a convenience only, and are not an endorsement of their content or a representation as to their accuracy. Use of the Service is at your own risk and, subject to this Fine Print, the Service is provided on an "as is" and "as available" basis without any representations or warranties of any kind, express or implied.

COMMUNICATIONS NOT CONFIDENTIAL
Any communications or information exchanged through the Service or third party websites may not be confidential, and use of such communication mediums are at your own risk.

CANADIAN LAW APPLIES
The use of the Service and the interpretation of this Fine Print will be governed by the laws of British Columbia, Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts of British Columbia sitting at Vancouver in any action or proceeding related to the Service.

MEMBER GUIDELINES & INFORMATION
HEART RATE MONITOR
As part of our service all members are required to wear a heart rate monitor during every sessions for your safety. These heart rate monitors can be purchased at Amairen Fitness or another retailer ask your coach for more information.

CANCELLATION POLICY
There is a minimum 24-hour cancellation notice for any workout session Monday through Friday and Saturday before 1:00pm (Sunday not being a business day). "No-show", last minute cancellations or last minute re-scheduled appointments will be charged the full amount for the missed session. Exceptions to this rule will be dealt with on an individual basis and are at the discretion of Amairen Fitness. (Please note that those customers providing adequate notice or those granted an exception for a missed appointment can make up their credited time as long as it falls within the period stated in the policy above).
If you are going to be away for any sessions, it is your responsibility to either call in or speak with the receptionist directly, as the training coaches are not in charge of the scheduling. Either, speak with the front desk, leave a voicemail message, e-mail your message or write down your requests on the sheet provided at the front counter.
If you are late, be advised that the training coach will have to end the session at the normally scheduled time. Please remember that the training coach is on a schedule.

SESSIONS ARE NON-TRANSFERABLE
Training packages purchased are to be used by that individual only.
Training Packages are non-transferable between members, facilities, non-refundable and must be used within the specified time of purchase. Amairen Fitness has the right to refuse training credits extending beyond the specified period and customers are advised to make sure to book appointments during the recommended time period.

DOUBLES SESSIONS
"Doubles": Should one partner cancel their appointment within the 24 hour cancellation period, then the other partner will be billed a "singles" rate corresponding with the number of training sessions per week that they are currently in (i.e. 2x per week, etc.). Should one partner not cancel ahead of time within the stipulated 24-hour time period, then both partners will be billed as usual, their doubles rate.

If you choose to train as a double, you may have only one double partner. It is the responsibility of the partners to communicate between themselves if they are not going to make it to a session. Amairen Fitness is not responsible for informing one partner if the other calls to cancel or change their appointment.

INVOICING
All monthly invoices are to be pre-paid in advance by the 10th, and are billed according to your commitment, and using an average 4-week month (i.e. 2x per week equals a monthly bill of 8 sessions).
A late payment charge of Bank Prime Rate + 2% monthly applies to the total amount overdue when the unpaid amount extends beyond 30 days.
There is a $25.00 charge for all returned (NSF) cheques and pre-authorized payments.
Please note that should you change your weekly commitment for the current month after the 10th of the month, your current monthly invoice will not be adjusted. The adjustment will be reflected on your next invoice.

PERSONAL INFORMATION POLICY
OUR COMMITMENT
It is Amairen Fitness's commitment to maintain the principles of integrity and trust with respect to the protection of personal information. As part of our commitment, Amairen Fitness will protect the privacy of personal information of employees, customers, and other individuals whose personal information is in Amairen Fitness' possession. Amairen Fitness is committed to complying with British Columbia's and Alberta's Personal Information Protection Act (the "Act") and all other applicable privacy laws.

DEFINITIONS
"business contact information" means information that enables an individual to be contacted at work, including his/her name, title, business address, business telephone number, fax number, and e-mail address.
"employee personal information" means personal information about an employee that is collected, used, or disclosed, solely for the purposes reasonably required to establish, manage or terminate an employment relationship, but does not include other personal information about the employee.
"personal information" is information about an identifiable individual, but does not include business contact information or work product information.
"work product information" means information prepared or collected by an individual or group of individuals as part of their employment or business responsibilities or activities related to their employment or business.

RESPONSIBILITY
Amairen Fitness is responsible for all personal information under its control, even if it is not in its possession. Amairen Fitness has developed policies and procedures to deal with the proper collection, use and disclosure of personal information.
Amairen Fitness has appointed the following person to act as its Personal Information Officer to ensure that Amairen Fitness meets its personal information handling commitments.
Name Contact Information:
‍
[Contact Name]
Support Center
Phone: [Phone Number]; Fax: [Fax Number]
[Address]
Email: [Email Address]
To ensure that this Policy is up to date and complies with the Act, Amairen Fitness reserves the right to make changes, which will become effective 30 days following Amairen Fitness providing notice thereof.

PURPOSE
Amairen Fitness collects personal information strictly for internal purposes only, in order to serve our customers, and update our customers on company information and promotions.

CONSENT
Amairen Fitness requires the consent of individuals to collect, use or disclose personal information. Unless required by law or otherwise authorized by the Act, Amairen Fitness will not use or disclose personal information already collected for other purposes unless it contains the consent of the individual to whom it belongs. Generally, Amairen Fitness will seek consent to use and disclose personal information at the same time as it collects the information.
Subject to contractual or legal arrangements, individuals may withdraw or refuse consent provided that Amairen Fitness is given reasonable notice. Amairen Fitness will inform the individual of the consequences of withdrawing the consent, if any.

COLLECTION
Amairen Fitness will only collect personal information for the purposes it has identified and that are reasonable in the circumstances. Amairen Fitness will only collect personal information through methods that are lawful, will not collect information indiscriminately and will try to collect personal information directly from the individual concerned unless authorized by that individual to collect it from a third party or otherwise as permitted by the Act.

USE, DISCLOSURE AND RETENTION
Amairen Fitness will only use or disclose personal information for the purpose(s) for which it was collected.
Amairen Fitness may disclose the personal information to:
(i) a person who in the reasonable judgment of Amairen Fitness is seeking the information as an agent of the individual;
(ii) a company or individual engaged by Amairen Fitness to perform functions on its behalf, such as research or data processing;
(iii) a public authority or agent of a public authority, if in the reasonable judgment of Amairen Fitness, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or
(iv) where the individual concerned consents to such disclosure or as required or authorized by law.
Amairen Fitness may use and disclose employee personal information for a variety of purposes related to commencing, managing or terminating the employment relationship.

Amairen Fitness will retain personal information only as long as necessary to fulfill the purposes stated above, as required for legal or business purposes or as required by law. Subsequently, Amairen Fitness will destroy, erase or make anonymous such information. However, Amairen Fitness will retain for at least one-year personal information that has been used to make a decision about a customer or employee.

ACCURACY OF PERSONAL INFORMATION
Amairen Fitness will make reasonable efforts to ensure that personal information in its control is accurate and complete. Individuals may request corrections to their personal information. If an individual's request for a correction is rejected by Amairen Fitness, Amairen Fitness will make a notation of such request and rejection on the individual's file or personal information.

SAFEGUARDING PERSONAL INFORMATION
Amairen Fitness will protect personal information in its control against risks of loss, theft, unauthorized access, disclosure, copying use, modification or destruction by security safeguards that are appropriate to the sensitivity and format of the information.

ACCESS
Upon reasonable written notice from an individual, Amairen Fitness will, within 30 days or such longer period in the event Amairen Fitness obtains an extension, provide access to all his/her personal information in Amairen Fitness' possession and tell the individual what the information is being used for and to whom it has been disclosed.
Amairen Fitness reserves the right to charge a reasonable fee for providing access to personal information.
If Amairen Fitness refuses an individual's request for access, Amairen Fitness will notify the individual in writing, documenting the reason for refusal, the relevant provision of the Act on which it relies and resources for redress available to the individual.

COMPLAINTS
An individual who has complaints about how his/her personal information is being handled by Amairen Fitness may file a written complaint with Amairen Fitness' Personal Information Officer at the contact address listed above. Such complaint must clearly state the nature of the dispute and contain all necessary contact information for the complainant.
Amairen Fitness will acknowledge receipt of a complaint, investigate such complaint and notify the complainant of the outcome of the complaint, including any relevant steps taken.

TERMS AND CONDITIONS
"I, hereon referred to as the "Payor" acknowledge that this Authorization is provided for the benefit of the Payee (Amairen Fitness – hereon "Amairen Fitness") and my financial institution as is provided in the consideration of my financial institution agreeing to process debits against my account in accordance with the Rules of the Canadian Payments Association."
"I warrant and guarantee that all persons whose signatures are required to sign on this account have signed this agreement."

"I hereby authorize Amairen Fitness to draw on my account according to the Pre-authorized Payment Authorization."

"This Authorization may be cancelled at any time upon notice by the Payor. I acknowledge that, in order to revoke Authorization, I must provide notice or revocation to Amairen Fitness."
"I acknowledge that provision and delivery of the Authorization to Amairen Fitness constitutes delivery by the Payor to The National Bank of Canada. Any delivery of this Authorization to you constitutes delivery by the Payor."

"I undertake to inform Amairen Fitness, in writing, of any change in the account information provided by this Authorization 10 working days prior to the next due date of the Pre-authorized Debit (PAD)."

"I acknowledge that The National Bank of Canada is not required to verify that a PAD has been issued in accordance with the particulars of the Payor's Authorization including, but not limited to, the amount."

"I acknowledge that The National Bank of Canada is not required to verify that any purpose of payment for which the PAD was issued has been fulfilled by Amairen Fitness as a condition to honoring a PAD issued or caused to be issued by Amairen Fitness on the Payor's account."
"Revocation of this Authorization does not terminate any contract for goods or services that exists between the Payor and Amairen Fitness, the Payor's Authorization applies only to the method of payment and does not otherwise have any bearing on the contract for goods or services exchanged."

"A PAD may be disputed by a Payor under the following conditions:
1) the PAD was not drawn in accordance with the Payor's Authorization; or
2) the Authorization was revoked; or
3) pre-notification was not received."

"The Payor, in order to be reimbursed, acknowledges that a declaration to the effect that either (1), (2) or (3) took place, must be completed and presented to the branch of the Processing Institution holding the Payor's account up to and including 90 calendar days in the case of a personal household PAD (or up to and including 10 business days in the case of a business PAD), after the date on which the PAD in dispute was posted to the Payor's account."

"The Payor acknowledges that a claim on the basis that the Payor's Authorization was revoked, or any other reason, is a matter to be resolved solely between the Payee and the Payor when disputing a PAD after 90 calendar days in the case of a personal/ household PAD (or 10 business days in the case of a business PAD)."