TERMS OF SERVICE

THIS TERMS OF SERVICE AGREEMENT (“THIS AGREEMENT" OR "THESE TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND LAGREE WEST FITNESS LTD., LAGREE WEST FITNESS VICTORIA LTD, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “LAGREE WEST,” “THE COMPANY”, “US,” OR “WE”), ON THE OTHER HAND, REGARDING YOUR USE OF SERVICES (INCLUDING PARTICIPATING IN ANY CLASSES, SESSIONS, EVENTS OR ACTIVITIES  HOSTED, SPONSORED, OR AFFILIATED WITH LAGREE WEST, COLLECTIVELY, THE "PROGRAM") WHETHER AT OR VIA : (I) A LAGREE WEST IN-PERSON LOCATION; (II) HTTPS://WWW.LAGREEWEST.COM/ (THE “WEBSITE”); AND/OR (III) ANY APP OR OTHER SOFTWARE PROVIDED BY LAGREE WEST (COLLECTIVELY, THE “SERVICE”).


BY CLICKING “I AGREE”, “I ACCEPT”, “SUBMIT ORDER & RESERVE CLASS”, OR SIMILAR LANGUAGE, YOU AGREE TO BE BOUND IN ALL RESPECTS BY THIS AGREEMENT, AND YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION, AS SET FORTH BELOW.


PART 1: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

PLEASE READ CAREFULLY

IN CONSIDERATION OF LAGREE WEST PERMITTING YOU (“I” OR “ME”) TO PARTICIPATE IN ACTIVITIES INCLUDING (BUT NOT LIMITED TO) LAGREE CLASSES, MEGAFORMER CLASSES, MAT CLASSES, REFORMER CLASSES, AND OTHER EXERCISE OR PERSONAL TRAINING SESSIONS (INCLUDING PRIVATE SESSIONS FOR INDIVIDUALS OR GROUPS) AND THE USE OF LAGREE WEST’S OTHER ON-SITE AMENITIES (COLLECTIVELY, THE “ACTIVITIES”), AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (THIS “AGREEMENT”).

ASSUMPTION OF RISKS

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 OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF LAGREE WEST OR OTHERWISE. I UNDERSTAND THAT I SHOULD CONSULT A DOCTOR IN ADVANCE OF PERFORMING OR PARTICIPATING IN ANY OF THE ACTIVITIES AND THAT I SHOULD ADVISE LAGREE WEST OF ANY HEALTH CONCERNS IN ADVANCE OF STARTING THE ACTIVITIES. I UNDERSTAND THAT CERTAIN ACTIVITIES MAY INVOLVE LIMITED LIGHT AND THE USE OF VARIOUS EXERCISE MACHINES.  LAGREE WEST DOES NOT GUARANTEE THAT YOU WILL ACHIEVE YOUR DESIRED FITNESS RESULTS FROM PARTICIPATING IN AN ACTIVITY.
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2. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS WHICH I HAVE OR MAY IN THE FUTURE HAVE AGAINST ONE OR MORE OF LAGREE WEST, ANY ENTITIES (INCLUDING, WITHOUT LIMITATION, COMPANIES, PARTNERSHIPS, AND TRUSTS) OWNED, IN WHOLE OR IN PART, BY LAGREE WEST, AND EACH OF THEIR AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS 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 LAGREE WEST OFFERS ANY OF THE ACTIVITIES), THE PROGRAM AND/OR THE SERVICE DUE TO ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF LAGREE WEST OR ANY OTHER RELEASEE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWING UNDER OCCUPIERS LIABILITY LEGISLATION OR OTHERWISE.
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3. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST LAGREE WEST OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE LAGREE WEST AND ALL OTHER RELEASEES FROM ANY LIABILITY WHATSOEVER UNDER SUCH CLAIMS. I SHALL INDEMNIFY, DEFEND, AND HOLD LAGREE WEST AND ALL OTHER RELEASEES HARMLESS AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND OR NATURE WHATSOEVER, INCLUDING REASONABLE LEGAL FEES, INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION OR PROCEEDING 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 LAGREE WEST OFFERS ANY OF THE ACTIVITIES), THE PROGRAM AND/OR THE SERVICE.
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4. I ACCEPT THAT THE COMPANY ASSUMES NO RESPONSIBILITY WHATSOEVER, DIRECTLY OR INDIRECTLY, FOR ANY OF MY PERSONAL PROPERTY, REGARDLESS OF WHETHER SUCH PROPERTY IS LOST, STOLEN OR DAMAGED.

5. 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, THE PROGRAM OR THE SERVICE EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY ME TO LAGREE WEST IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) $500.
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6. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF LAGREE WEST AND ME WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES, BOTH WRITTEN AND ORAL, WITH RESPECT TO SUCH SUBJECT MATTER.

7. 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.
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8. THIS AGREEMENT IS BINDING ON AND SHALL ENURE TO THE BENEFIT OF LAGREE WEST AND ME AND EACH OF OUR RESPECTIVE (AS APPLICABLE) HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND PERMITTED ASSIGNS.

9. 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 (I) I SHALL BE PERMITTED TO BRING A CLAIM IN THE COURTS OF THE PROVINCE OF ONTARIO WITH RESPECT TO ANY ACTIVITY IN ONTARIO; AND (II) TO THE EXTENT THAT APPLICABLE CONSUMER PROTECTION LAWS OF ANY JURISDICTION PERMIT ME TO BRING A CLAIM IN SUCH OTHER JURISDICTION, THEN THIS AGREEMENT SHALL NOT PROHIBIT ME FROM BRINGING A CLAIM IN SUCH JURISDICTION.

10. THE PARTIES HERETO HAVE REQUIRED THAT THIS AGREEMENT AND ALL DOCUMENTS AND NOTICES RESULTING FROM IT BE DRAWN UP IN ENGLISH. LES PARTIES AUX PRÉSENTS ONT EXIGÉS QUE LA PRÉSENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS ET AVIS QUI S’Y RATTACHENT OU QUI EN DÉCOULERONT SOIT RÉDIGÉS EN LA LANGUE ANGLAISE. LAGREE WEST RECEIVES THE BENEFIT OF THIS AGREEMENT ON BEHALF OF THE OTHER RELEASEES, AS TRUSTEE AND AGENT FOR SUCH RELEASEES, AND LAGREE WEST SHALL BE ENTITLED TO ENFORCE THIS AGREEMENT ON BEHALF OF EACH OF THE OTHER RELEASEES.

11. WITHOUT LIMITING ANY OF THE FOREGOING, I AGREE THAT IF I AM ENGAGING IN OR IF I ENGAGE IN THE ANY ACTIVITIES , THE PROGRAM AND/OR THE SERVICE IN MY CAPACITY AS AN EMPLOYEE, AGENT, DIRECTOR, OFFICER, OR OTHER REPRESENTATIVE OF ANY ENTITY (INCLUDING, WITHOUT LIMITATION, A COMPANY, PARTNERSHIP, OR TRUST), I AGREE THAT I AM AUTHORIZED TO BIND SUCH ENTITY, AND THAT, BY ENTERING INTO THIS AGREEMENT, I ALSO AGREE THAT THIS AGREEMENT SHALL ALSO BE DEEMED TO APPLY TO ANY CLAIMS THAT SUCH ENTITY MAY HAVE ARISING FROM OR RELATING TO THE ACTIVITIES AND SHALL FUNCTION AS A RELEASE FROM BOTH (I) ME IN MY INDIVIDUAL CAPACITY; AND (II) SUCH ENTITY.

12. I ACKNOWLEDGE 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 LAGREE WEST AND THE RELEASEES.

PART 2: ADDITIONAL TERMS

ELIGIBILITY

YOU MUST BE 16 YEARS OF AGE OR OLDER TO USE LAGREE WEST’S PROGRAM & SERVICE.

IF YOU ARE BELOW THE AGE OF MAJORITY TO ENTER INTO A CONTRACT WITHOUT THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN (E.G. UNDER 19 IN BRITISH COLUMBIA OR UNDER 18 IN ONTARIO), THEN YOU REPRESENT, WARRANT, ACKNOWLEDGE, AND AGREE THAT (I) YOU ARE ‎USING THE PROGRAM AND THE SERVICE WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN WHO HAS AGREED TO ‎THESE TERMS AND WILL BE PRESENT WHILE YOU USE THE SERVICE AND PARTICIPATE IN THE PROGRAM; AND (II) YOU HAVE FILLED OUT ANY FORM FOR MINORS ON OUR WEBSITE. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A ‎MINOR, YOU ARE FULLY RESPONSIBLE FOR (A) REVIEWING THESE TERMS WITH THE MINOR, (B) ENSURING THE ‎MINOR UNDERSTANDS THESE TERMS, AND (C) THE MINOR’S USE OF THE PROGRAM AND SERVICE, INCLUDING ALL ‎LEGAL LIABILITY THEY MAY INCUR. 

RESPECT

THREATENING LANGUAGE, HARASSMENT, VIOLENCE, RACISM, BULLYING, ATTACKS ON OR INTIMIDATION OF ANY PARTY, INCLUDING OUR MEMBERS OR STAFF; MALICIOUS SPEECH REGARDING TOPICS OF SEXUAL ORIENTATION, GENDER, GENDER IDENTITY, AGE, ETHNIC ORIGIN OR RACE, RELIGION, NATIONALITY, DISABILITY, SIZE, VETERAN STATUS, MARITAL STATUS, SEXIST COMMENTS; OR HATE SPEECH WILL NOT BE TOLERATED.

DISCRIMINATION AGAINST PEOPLE BASED ON RACE, ETHNICITY, RELIGION, DISABILITY, GENDER, GENDER IDENTITY, AGE, MARITAL STATUS, NATIONALITY, SEXUAL ORIENTATION, OR ANY OTHER CHARACTERISTICS PROTECTED UNDER APPLICABLE LAW WILL NOT BE TOLERATED.

ADDITIONAL HEALTH DISCLAIMER

I AGREE THAT I WILL NOT PARTICIPATE IN THE PROGRAM WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND WILL NOT CONSUME DRUGS OR ALCOHOL WHILE PARTICIPATING IN THE PROGRAM.

ACCOUNT

IN ORDER TO USE THE SERVICE, YOU MUST CREATE AN 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 SERVICE AND PROGRAM.
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YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR THROUGH YOUR ACCOUNT. USERS ARE RESPONSIBLE FOR KEEPING THEIR LOGIN CREDENTIALS CONFIDENTIAL AND SAFE. FOR THIS REASON, USERS ARE ALSO REQUIRED TO CHOOSE PASSWORDS THAT MEET THE HIGHEST STANDARDS OF STRENGTH. BY REGISTERING, USERS AGREE TO BE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THEIR USERNAME AND PASSWORD.
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TO PROTECT YOUR ACCOUNT FROM UNAUTHORIZED USE, DO NOT PROVIDE YOUR USERNAME OR PASSWORD TO ANYONE ELSE. PLEASE NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY BY SENDING AN EMAIL TO INFO@LAGREEWEST.COM.

MEMBERSHIP SUBSCRIPTION FEES

LAGREE WEST OFFERS MEMBERSHIP SUBSCRIPTION-BASED ACCESS TO ITS IN-PERSON PROGRAM. LAGREE WEST RESERVES THE RIGHT TO CANCEL, INTERRUPT, OR RESCHEDULE ANY PROGRAM.
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LAGREE WEST USES A THIRD-PARTY PAYMENT PROCESSOR (THE “PAYMENT PROCESSOR”) TO LINK YOUR CREDIT CARD ACCOUNT TO THE SERVICE. THE PROCESSING OF PAYMENTS OR CREDITS, AS APPLICABLE, IN CONNECTION WITH YOUR USE OF THE SERVICE WILL BE SUBJECT TO THE TERMS, CONDITIONS AND PRIVACY POLICIES OF THE PAYMENT PROCESSOR AND YOUR CREDIT CARD ISSUER IN ADDITION TO THESE TERMS. LAGREE WEST IS NOT RESPONSIBLE FOR ANY ERRORS BY THE PAYMENT PROCESSOR. IN CONNECTION WITH YOUR USE OF THE SERVICE, LAGREE WEST WILL OBTAIN CERTAIN TRANSACTION DETAILS, WHICH WILL BE USED SOLELY IN ACCORDANCE WITH ITS PRIVACY POLICY.

MEMBERSHIPS ARE BILLED ON A PERIODIC BASIS AS SPECIFIED EITHER AT THE TIME OF PURCHASE OR IN THE FAQS + POLICIES ON OUR WEBSITE. YOUR MEMBERSHIP SUBSCRIPTION WILL CONTINUE IN EFFECT ON A RECURRING BASIS CORRESPONDING TO THE TERM OF YOUR SUBSCRIPTION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR THE ACCOUNT OR THE SERVICE IS OTHERWISE SUSPENDED OR DISCONTINUED PURSUANT TO THIS AGREEMENT. IF YOUR MEMBERSHIP IS CANCELLED OR TERMINATED BEFORE THE END OF THE APPLICABLE BILLING CYCLE, LAGREE WEST WILL NOT REIMBURSE YOU FOR THE REMAINDER OF THAT BILLING CYCLE. MEMBERS MAY CANCEL THEIR MEMBERSHIP AT ANY TIME. MEMBERSHIP MUST BE CANCELED PRIOR TO THE RENEWAL DATE IN ORDER TO AVOID ADDITIONAL MEMBERSHIP CHARGES.

WHEN YOU PURCHASE A MEMBERSHIP SUBSCRIPTION, YOU WILL INITIALLY BE CHARGED AT THE RATE APPLICABLE AT THE TIME OF YOUR AGREEMENT TO SUBSCRIBE. IF LAGREE WEST LATER INCREASES THE PRICE OF THE SUBSCRIPTION, WE WILL NOTIFY YOU VIA EMAIL. WE RESERVE THE RIGHT TO CHANGE THE PRICE OF OUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH OUR FAQS + POLICIES (AS DEFINED BELOW)

WITH RESPECT TO ANY FREE TRIALS THAT WE MAY OFFER: WE REQUIRE THAT YOU PROVIDE A VALID CREDIT OR DEBIT CARD AT THE TIME YOU REGISTER FOR A FREE TRIAL TO ENSURE THAT YOU HAVE CONTINUED ACCESS TO YOUR MEMBERSHIP AFTER THE EXPIRATION OF THE FREE TRIAL PERIOD. LAGREE WEST WILL NOT BILL YOUR ACCOUNT UNTIL THE FREE TRIAL HAS EXPIRED AND PROVIDED THAT YOU HAVE NOT CANCELLED YOUR ACCOUNT DURING THE FREE TRIAL PERIOD. YOU MAY ONLY USE A FREE TRIAL ONCE. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU WILL NOT RECEIVE A NOTICE FROM LAGREE WEST THAT YOUR FREE TRIAL HAS ENDED AND THAT PAYMENT FOR YOUR SUBSCRIPTION IS DUE. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO MIDNIGHT PST ON THE LAST DAY OF YOUR FREE TRIAL PERIOD.

USERS MAY NOT SHARE, GIVE OR SELL THEIR PASSWORD OR USERNAME TO ANY OTHER PERSON OR ENTITY. EXCESSIVE VIEWINGS OR LOGINS BY ANY USER WILL BE CONSTRUED BY LAGREE WEST AS FRAUDULENT USE, WHICH WILL RESULT IN THE IMMEDIATE CANCELLATION OF MEMBERSHIP WITHOUT REFUND. WE RESERVE THE RIGHT TO CANCEL ANY MEMBERSHIP WHICH WE BELIEVE HAS BEEN COMPROMISED, OR IS BEING USED FRAUDULENTLY, AT OUR OWN DISCRETION.

ADDITIONAL FAQS + POLICIES

THE FAQS + POLICIES ON OUR WEBSITE (HTTPS://WWW.LAGREEWEST.COM/FAQ-POLICIES OR OTHERWISE DISCLOSED TO YOU FROM TIME TO TIME IN WRITING (THE “FAQS + POLICIES”) SHALL BE DEEMED TO BE INCORPORATED BY REFERENCE INTO THESE TERMS. WE RESERVE THE RIGHT TO AMEND THE FAQS + POLICIES IN GOOD FAITH FROM TIME TO TIME, AND SUCH AMENDMENTS SHALL BE APPLICABLE TO ANY SUBSEQUENT PROGRAM OR SERVICE IN WHICH YOU PARTICIPATE (INCLUDING A PROGRAM FOR WHICH YOU HAVE ALREADY PAID OR OTHERWISE SUBSCRIBED).

IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE FAQS + POLICIES, THESE TERMS SHALL GOVERN.

THE FAQS + POLICIES MAY INCLUDE IMPORTANT POLICIES SUCH AS OUR CANCELLATION POLICY, LATE POLICY, MEMBERSHIP POLICY, AND STUDIO POLICY.

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SERVICE PROVIDER

IF YOU PARTICIPATE IN A PROGRAM THAT TAKES PLACE AT ONE OF LAGREE WEST’S IN-PERSON LOCATIONS, THEN YOU ARE CONTRACTING WITH THE FOLLOWING LAGREE WEST ENTITIES:
- ANY OF OUR VANCOUVER LOCATIONS: LAGREE WEST FITNESS LTD.
- ANY OF OUR VICTORIA LOCATIONS: LAGREE WEST FITNESS VICTORIA LTD.

OFFERS AND DISCOUNTS

LAGREE WEST MAY OFFER DISCOUNTS, PROMO CODES, OR PROVIDE SPECIAL OFFERS FOR THE PURCHASE OF PROGRAMS OR PRODUCTS. ANY SUCH OFFER OR DISCOUNT SHALL ALWAYS BE SUBJECT TO THE ELIGIBILITY CRITERIA AND ARE ALWAYS GRANTED AT OUR SOLE DISCRETION. REPEATED OR RECURRING 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 QUANTITY AND ONLY AVAILABLE TO CERTAIN PEOPLE.

COUPONS AND OFFER CODES

OFFERS OR DISCOUNTS CAN BE BASED ON COUPONS AND OFFER CODES (COLLECTIVELY, “COUPONS”). UNLESS OTHERWISE STATED, THE FOLLOWING RULES APPLY TO THE USE OF COUPONS:

- EACH COUPON IS ONLY VALID WHEN USED IN THE MANNER AND WITHIN THE TIMEFRAME SPECIFIED ON THE WEBSITE AND/OR THE COUPON;
- A COUPON MAY ONLY BE APPLIED, IN ITS ENTIRETY, AT THE ACTUAL TIME OF PURCHASE
- UNLESS OTHERWISE STATED, SINGLE-USE COUPONS MAY ONLY BE USED ONCE PER PURCHASE AND THEREFORE MAY ONLY BE APPLIED A SINGLE TIME EVEN IN CASES INVOLVING INSTALLMENT-BASED PURCHASES; A COUPON CANNOT BE APPLIED CUMULATIVELY;
- A COUPON MUST BE REDEEMED EXCLUSIVELY WITHIN THE TIME SPECIFIED IN THE OFFER. AFTER THIS PERIOD, THE COUPON WILL AUTOMATICALLY EXPIRE, PRECLUDING ANY POSSIBILITY FOR THE USER TO CLAIM THE RELEVANT RIGHTS, INCLUDING CASH-OUT;
- THE USER IS NOT ENTITLED TO ANY CREDIT/REFUND/COMPENSATION IF THERE IS A DIFFERENCE BETWEEN THE VALUE OF THE COUPON AND THE REDEEMED VALUE;
- THE COUPON IS INTENDED SOLELY FOR NON–COMMERCIAL USE. ANY REPRODUCTION, COUNTERFEITING AND COMMERCIAL TRADE OF THE COUPON IS STRICTLY FORBIDDEN, ALONG WITH ANY ILLEGAL ACTIVITY RELATED TO THE PURCHASE AND/OR USE OF THE COUPON.

MISTAKES

FROM TIME TO TIME, INFORMATION ON THE SERVICE MAY CONTAIN TYPOS, INACCURACIES, OR OMISSIONS WITH RESPECT TO PRICING, SERVICE OFFERINGS, PROMOTIONAL OFFERS/COUPONS, AND OTHER MATTERS. WE RESERVE THE RIGHT, WITHOUT PRIOR NOTICE, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, TO CHANGE OR UPDATE INFORMATION, AND TO REFUSE OR CANCEL ORDERS IF ANY INFORMATION ON THE SERVICES CONTAINS A TYPO, INACCURACY, OR OMISSION AT ANY TIME (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER AND AFTER YOUR CREDIT CARD OR OTHER PAYMENT METHOD HAVE BEEN CHARGED).

PROPRIETARY RIGHTS

MATERIALS WITH RESPECT TO THE SERVICE AND THE PROGRAM, INCLUDING, WITHOUT LIMITATION, NAMES, LOGOS, TRADEMARKS, IMAGES, TEXT, COLUMNS, GRAPHICS, VIDEOS, PHOTOGRAPHS, ILLUSTRATIONS, ARTWORK, SOFTWARE AND OTHER ELEMENTS (COLLECTIVELY, “MATERIAL“) ARE PROTECTED BY COPYRIGHTS, TRADEMARKS AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS OWNED AND CONTROLLED BY LAGREE WEST OR BY THIRD PARTIES THAT HAVE LICENSED OR OTHERWISE PROVIDED THEIR MATERIAL TO THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT ALL MATERIALS ON THE SERVICE ARE MADE AVAILABLE TO YOU FOR LIMITED, NON-COMMERCIAL, PERSONAL USE ONLY. NO MATERIAL 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 THE COMPANY’S PRIOR EXPRESS WRITTEN PERMISSION.

CONSENT TO ELECTRONIC COMMUNICATIONS

BY USING THE SERVICE, YOU CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS FROM US. THESE COMMUNICATIONS MAY INCLUDE NOTICES ABOUT YOUR ACCOUNT AND INFORMATION CONCERNING OR RELATED TO THE SERVICE. YOU AGREE THAT ANY NOTICES, AGREEMENTS, DISCLOSURES, OR OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT SUCH COMMUNICATIONS BE IN WRITING.YOU ARE SOLELY RESPONSIBLE FOR ALL FEES CHARGED BY YOUR TELECOMMUNICATIONS SERVICE PROVIDER OR ANY OTHER SERVICE PROVIDER RELATED TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SMS / TEXT MESSAGING FEES, DATA CHARGES, AND OTHER FEES.

SUPPLEMENTAL TERMS

SUPPLEMENTAL TERMS MAY APPLY TO CERTAIN PROGRAMS OR PROMOTIONS, AND SUCH SUPPLEMENTAL TERMS WILL BE DISCLOSED TO YOU IN CONNECTION WITH THE APPLICABLE PROGRAMS OR PROMOTIONS. SUPPLEMENTAL TERMS ARE IN ADDITION TO, AND SHALL BE DEEMED A PART OF, THESE TERMS FOR THE PURPOSES OF THE APPLICABLE PROGRAM OR PROMOTION. SUPPLEMENTAL TERMS SHALL PREVAIL OVER THESE TERMS IN THE EVENT OF A CONFLICT.

CLASS ACTION WAIVER

WHERE PERMITTED UNDER APPLICABLE LAW, YOU MAY BRING CLAIMS AGAINST LAGREE WEST ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTES.

UPDATES TO THESE TERMS

WE MAY OCCASIONALLY UPDATE THESE TERMS. WHEN WE DO, WE WILL ENDEAVOUR TO REVISE THE “LAST UPDATED” DATE AT THE END OF THESE TERMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR CONTINUED USE OF OUR SERVICE OR PROGRAM AFTER WE MAKE UPDATES TO THESE TERMS WILL BE SUBJECT TO THE THEN-CURRENT TERMS.

PRIVACY POLICY

EACH TIME YOU USE OUR SERVICE OR PARTICIPATE IN A PROGRAM, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION BY LAGREE WEST IN ACCORDANCE WITH OUR PRIVACY POLICY, AS AMENDED FROM TIME TO TIME.

GOVERNING LAW AND JURISDICTION

THESE TERMS 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 YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS; PROVIDED THAT (I) YOU SHALL BE PERMITTED TO BRING A CLAIM IN THE COURTS OF THE PROVINCE OF ONTARIO WITH RESPECT TO ANY ACTIVITY IN ONTARIO; AND (II) TO THE EXTENT THAT APPLICABLE CONSUMER PROTECTION LAWS OF ANY JURISDICTION PERMIT YOU TO BRING A CLAIM IN SUCH OTHER JURISDICTION, THEN THIS AGREEMENT SHALL NOT PROHIBIT YOU FROM BRINGING A CLAIM IN SUCH JURISDICTION.

ENGLISH LANGUAGE

THE PARTIES HERETO HAVE REQUIRED THAT THIS AGREEMENT AND ALL DOCUMENTS AND NOTICES RESULTING FROM IT BE DRAWN UP IN ENGLISH. LES PARTIES AUX PRÉSENTS ONT EXIGÉS QUE LA PRÉSENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS ET AVIS QUI S’Y RATTACHENT OU QUI EN DÉCOULERONT SOIT RÉDIGÉS EN LA LANGUE ANGLAISE. 

CONTACTING LAGREE WEST

FOR QUESTIONS, COMMENTS, COMPLAINTS, OR CLAIMS RELATED TO LAGREE WEST LOCATIONS, PLEASE CONTACT US AT INFO@LAGREEWEST.COM.



LAST UPDATED: MARCH 2025