Terms of Service

VERTICAL COAST FITNESS LTD.

Terms of Service

Last Updated: June 2026

1. Overview and Agreement

This website and related services are operated by Vertical Coast Fitness Ltd. (“we“, “us“, “our“, “the Company“, or “we“). Throughout this Terms of Service agreement, the terms “you” and “your” refer to you, the user.

Vertical Coast Fitness Ltd. offers the website located at www.verticalcoast.ca, our class booking platform powered by MarianaTek, our fitness facilities (“Studio” or “Studios“), and all related services (collectively, the “Service” or “Services“) to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

BY ACCESSING, BROWSING, OR USING OUR WEBSITE, BOOKING PLATFORM, STUDIOS, OR PARTICIPATING IN ANY CLASSES, SESSIONS, OR ACTIVITIES (COLLECTIVELY, THE “PROGRAM”), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT USE OUR SERVICES OR PARTICIPATE IN OUR PROGRAM.

2. Governing Law and Jurisdiction

These Terms of Service shall be interpreted and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

To the extent permitted by applicable law, any claim or cause of action arising under this agreement shall be brought exclusively in the courts of the Province of British Columbia, and you hereby consent to the exclusive jurisdiction of such courts.

3. Eligibility

You must be at least 19 years of age or the age of majority in your province of residence to use our Services.

By using our Services, you represent and warrant that you are of sufficient age and mental capacity to enter into a legally binding agreement.

4. Account Creation and Registration

To use our booking platform and services, you must create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for:

maintaining the confidentiality of your username and password;
keeping all account information current and accurate;
all activity that occurs under your account; and
notifying us immediately of any unauthorized access.

We reserve the right to suspend or terminate your account if we have reason to believe your information is inaccurate or incomplete, or if you are in breach of these Terms.

5. Membership, Classes, and Fees

5.1 Billing and Recurring Charges

Membership and class packages are billed on a periodic basis as specified at the time of purchase. Your membership will continue on a recurring basis unless and until you cancel it (see 5.5 Cancellation and Refunds). Memberships do not roll over or transfer to future billing periods.

5.2 Payment Processing

We use third-party payment processors to handle payments. By providing payment information, you authorize us and our payment processor to charge your payment method. We are not responsible for errors or delays by payment processors. You are responsible for all fees charged by your financial institution.

5.3 Price Changes

We reserve the right to change membership prices and class fees at any time. If you currently hold an active membership, we will provide you with advance notice via email before any price increase takes effect. Your continued use of our Services after a price increase constitutes your acceptance of the new price.

5.4 Free Trials

If we offer a free trial, you must provide a valid payment method to access it. You will not be charged during the trial period, but you must cancel before the trial ends to avoid charges to your payment method. You may only use a free trial once. You will not receive a reminder when your trial expires—it is your responsibility to cancel before charges begin.

5.5 Cancellation and Refunds

You may cancel your membership at any time after the initial commitment period of three (3) billing cycles. After the initial commitment, cancellation of monthly memberships requires 30 days’ notice in writing. No refunds will be provided for any remaining portion of any billing cycle.

Your cancellation rights may be subject to applicable consumer protection laws. Depending on your province and the amount paid, you may have the right to cancel within a certain time period and receive a refund. For information on your specific rights, please contact us.

5.6 Class Policies

Classes must be booked through our MarianaTek platform. You are responsible for managing your bookings. Late cancellations or no-shows may be subject to penalties as outlined in our Studio Policies available on our website. We reserve the right to cancel, reschedule, or modify any class at any time.

6. Offers, Discounts, and Promotional Codes

We may offer discounts, promo codes, flash sales or special offers, at our discretion. These offers are subject to eligibility criteria and are granted at our sole discretion. Past offers do not create a claim to future discounts. All offers are valid for a limited time only and in limited quantities unless otherwise stated.

Coupon Rules:

each coupon is valid only as specified on the website or coupon;
single-use coupons may only be used once per purchase;
coupons cannot be combined or stacked;
coupons must be redeemed during the specified time period;
no refund or credit for the difference between coupon value and redeemed value; and
counterfeiting or unauthorized use of coupons is prohibited.

7. Code of Conduct

We are committed to maintaining a respectful, inclusive, and safe environment for all members and staff. You agree not to:

use threatening, abusive, harassing, or discriminatory language;
engage in bullying, intimidation, or harassment of any member or staff;
treat individuals differently based on race, ethnicity, religion, gender, gender identity, age, sexual orientation, disability, or other protected characteristics;
use hate speech or express prejudice against any individual or group;
engage in sexually inappropriate conduct or comments;
disrupt classes or activities; or
violate others’ privacy or property.

We reserve the right to remove any member or participant who violates this code of conduct without refund. Serious violations may result in permanent banning from our facilities.

8. Personal Property

Vertical Coast Fitness Ltd. is not responsible for loss, theft, or damage to your personal property, including belongings left at our Studio. We recommend that you do not leave valuable items unattended. You use storage areas at your own risk. Store all belongings appropriately and take them with you when you leave.

9. Intellectual Property and Content

All materials on our website and in our facilities—including logos, trademarks, text, images, videos, graphics, software, and other content (“Material“)—are protected by copyright, trademark, and other intellectual property laws. These Materials are owned or licensed by Vertical Coast Fitness Ltd.

You may view and print Materials solely for personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use any Material without our prior written permission. Unauthorized use of our Materials is prohibited and may violate copyright, trademark, and other laws.

10. User-Generated Content

If you submit reviews, testimonials, comments, or other content through our website or platforms (“User Content“), you grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, publish, and distribute that content. You acknowledge that User Content you make publicly available may be viewed by others and used without further permission.

Do not include confidential, sensitive, or proprietary information in User Content. You are solely responsible for the accuracy and appropriateness of any User Content you submit. We are not responsible for User Content posted by you or third parties.

11. Third-Party Websites and Links

Our website may contain links to third-party websites, including our MarianaTek booking platform. We are not responsible for the content, accuracy, or privacy practices of third-party sites. Your use of third-party sites is governed by their terms and privacy policies, not ours. We encourage you to review third-party policies before using their services.

12. Errors, Inaccuracies, and Corrections

Our website and Services may occasionally contain typographical errors, inaccuracies, or omissions relating to class descriptions, pricing, promotions, or availability. We reserve the right to correct these errors without prior notice and to refuse or cancel any orders that contain errors. We are not obligated to update information on our website unless required by law.

13. MarianaTek Booking Platform

We use MarianaTek to manage class bookings and scheduling. By using our MarianaTek platform, you agree to MarianaTek’s terms of service and privacy policy. We are not responsible for MarianaTek’s services, errors, or downtime. Your booking and attendance records are managed through MarianaTek.

14. Electronic Communications

By using our Services, you consent to receive electronic communications from us, including email notifications, account updates, promotional messages, and policy changes. You agree that electronic communications satisfy any legal requirement that communications be in writing.

You are responsible for all fees charged by your telecommunications provider related to your use of our Services.

15. Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:

warranties of merchantability or fitness for a particular purpose;
warranties regarding accuracy, completeness, or timeliness of information;
warranties that our Services will be uninterrupted, error-free, or secure; and
warranties regarding the quality of our Classes or fitness results.

Your use of our Services is at your own risk. We do not guarantee that you will achieve your desired fitness goals.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VERTICAL COAST FITNESS LTD. AND ALL RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING:

loss of profits, revenue, or business opportunities;
loss of data or information; and/or
any injury, damage, or loss arising from your use of our Services.

This applies regardless of whether such liability arises from contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

17. Indemnification

You agree to indemnify, defend, and hold harmless Vertical Coast Fitness Ltd., its parent, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and representatives from any claim, demand, loss, liability, cost, or expense (including reasonable legal fees) arising from:

your use of our Services;
your participation in our Activities;
your breach of these Terms; and/or
any third-party claim arising from your actions.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, but the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (the “Waiver”), constitute the entire agreement between you and Vertical Coast Fitness Ltd. regarding your use of our Services. These Terms supersede all prior agreements, understandings, and communications, whether written or oral.

If there is any conflict between these Terms and our Privacy Policy, our Privacy Policy shall govern with respect to privacy matters, and these Terms shall govern all other matters.

20. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. No waiver of any provision is effective unless made in writing and signed by an authorized representative of Vertical Coast Fitness Ltd.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post changes on our website and update the “Last Updated” date at the top of this document. Your continued use of our Services following the posting of changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any changes.

22. Class Action Waiver

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST VERTICAL COAST FITNESS LTD. SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

23. Termination

We may terminate or suspend your account and access to our Services at any time, with or without cause, and without prior notice. Termination may result from:

breach of these Terms;
conduct that violates our Code of Conduct;
fraudulent or suspicious activity;
non-payment of fees; and/or
violation of applicable laws.

Upon termination, your right to use our Services ceases immediately. Obligations that survive termination include indemnification, limitation of liability, and payment obligations.

24. Contact Us

If you have questions, concerns, or complaints regarding these Terms of Service, please contact us at:

Vertical Coast Fitness Ltd.

Email: caley@verticalcoast.ca

We will respond to inquiries within a reasonable timeframe.