Level II

Acceptance of the Terms

Calibrate Rehabilitation & Education Services Inc.(“Calibrate Pilates”) offers the Clinical Pilates Instructor Training (the “Course”) and by applying for and/or participating in the Course, you (“You”, “Your”, the “Student”) hereby agree to these terms and conditions (the “Terms’).

Student’s Prior Knowledge and Representation

Students are expected to have a working knowledge of topics foundational to the Course. By enrolling in the Course, you hereby represent and warrant that you have completed a full course of study in health science at an accredited institution, and that you have a strong understanding of anatomy.

Class Participation and Format

Students are expected to participate in both theory and movement aspects of training and Students may be required to complete assignments, case studies, observation hours, teaching hours, and personal practice hours outside of the Course instruction hours indicated (“Outside Study”). You understand and agree that it is your sole responsibility to make appropriate accommodations to complete any Outside Study required to be undertaken or otherwise assigned to you.

You understand and agree that Students are expected to arrive on time and complete the full number of hours required to finish the Course and that Students are not permitted to miss more than eight (8) hours of training over the length of the Course. Where a student misses more than eight (8) hours of practical training over the length of the Course, Calibrate Pilates may, in its sole discretion, permit the student to make-up the missed hours privately at a rate of $250.00 + GST per hour.

If for any reason the Course is not able to be offered via in-person training, Calibrate Pilates reserves the right in their sole discretion to provide all or a portion of the Course electronically. In such event, Students will not be entitled to any refund of any Course Fees.

Payment of Course Fees

Course fees (“Fees”) are listed in Canadian Dollars and payment can be made to Calibrate Pilates via cheque, Interac e-transfer, or credit. The Student understands and agrees that placement will occur on a first-come, first-served, basis and that the Student will not be enrolled in the Course until a payment in the amount of $507.00 + GST is received by Calibrate Pilates.

Where ongoing payment is required by Calibrate Pilates and such payment is outstanding for any reason, Calibrate Pilates may limit the Student’s access to the Course until payment is received. Student understands that these Terms supersede the terms of use or refund policies of any third-party payment processor used by Calibrate Pilates to process payment.

Course Cancellation

You understand and agree that payment of the Fees and enrolment in the Course does not guarantee that the Course will commence and you agree that Calibrate Pilates may, in its sole discretion, due to lack of enrolment or for any other reason, elect to cancel the Course prior to its commencement. Where Calibrate Pilates elects to cancel a course for any reason, Calibrate Pilates will inform the Student at least fourteen (14) days in advance and will refund to the Student any Fees paid by the Student in anticipation of the Course, but the Student understands and agrees that Calibrate Pilates will not be responsible for any loss or damage suffered by the Student arising out of Calibrate Pilates’ cancellation of a Course.

Withdrawal by the Student

Where, for any reason, the Student is unable to or elects not to complete the Course after the Student’s payment of the Fees, Student may request a refund of their Fees if such request is received by Calibrate Pilates on at least 30 days’ notice from the Course start date. Upon receiving such request, Calibrate Pilates will refund all Fees paid by the Student, less a $175.00 administration fee.

No full or partial refund of Fees will be given for any reason in the event the Student is unable to or elects not to complete the Course after the Student’s payment of the Fees to Calibrate Pilates, and the request for a refund is not received within thirty (30) days from the Course start date.

If for any reason you are unsatisfied with the Course, or your expectations have not been met, please contact Calibrate Pilates as soon as possible.

Accreditation and Course Certificate

Completion of the Course does not automatically confer on the Student status as a Certified Clinical Pilates Instructor and the Student understands and agrees that, in addition to the requirements of the Course, the Student may be required to undertake a number of observation, teaching, and personal practice hours in order to receive accreditation, and the Student understands that such requirements may require payment of additional fees by the Student.

A course completion certificate will be mailed to the Student after the Student’s submission of its final log book and required assignments.

Release, Waiver and Indemnity

Student releases, indemnifies and saves harmless Calibrate Pilates and its directors, officers, agents, employees, contractors, volunteers, heirs, executors administrators and assigns, as applicable (collectively “Released Parties”) from any and all liability and damages arising whether directly or indirectly as a result of their participation in the Course, however caused, including negligence. Student further agrees to forfeit all forms of legal recourse which may be available to Student, including any form of damages, costs, losses or expenses as a result of their participation in the Course and is binding on Student’s heirs, executors and anyone else who may be able to bring a legal action on Student’s behalf in the future. This clause survives indefinitely.

Calibrate Pilates makes no representations or warranties with respect to the Course and the Student understands and agrees that, should the Student elect to instruct others or make use of any information, including techniques, received or learned by the Student during the Student’s participation in the Course (the “Information”), the Student does so at its sole risk and Calibrate Pilates will not be responsible for any loss, damage, death, disability, or injury to any third-party arising out of the Student’s use of the Information, whether personally or in an advisory capacity, and the Student agrees to indemnify and hold harmless Calibrate Pilates with respect to the Student’s use of the Information for the same.

Security

It is Student’s responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms. Calibrate does not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe and Thinkific. By utilizing these payment processors to gain access to the Course, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Copyright and Ownership

The Student acknowledges and agrees that any materials, including, without limitation, all data, materials, concepts, techniques, manuals, plans, designs, methodologies, procedures, programs, approaches, ideas, know-how, computer software and technology and other materials or information (collectively, the “Property”) owned or supplied by Calibrate Pilates to Student remains the sole and exclusive property of Calibrate Pilates.

The Property will not be copied, plagiarized, shared, sold, or otherwise transferred to any third party by Student without the specific direction or prior written consent of Calibrate Pilates.

Student acknowledges and agrees that a breach by them of any of the covenants contained in this Agreement would result in irreparable harm to Calibrate Pilates that could not adequately be compensated by way of a damage award. The Student agrees that in the event of any such breach, in addition to damages and all other remedies available to Calibrate Pilates at law or in equity, Calibrate Pilates will be entitled as a matter of right to obtain from a court of competent jurisdiction such relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions of this Agreement.

Use of Third Party Apps

Student acknowledges and agrees that Calibrate Pilates may use various web-based third-party platforms that use video and audio, such as Zoom, as well as other platforms that collect and process personal information in order to deliver the Course, such as Thinkific. Calibrate Pilates is not responsible for the terms and policies of any third-party platforms and it is Student’s responsibility to review all third-party privacy policies and terms of use. A complete list of third-party applications used by Calibrate Pilates may be requested at any time and will be provided by Calibrate within a reasonable amount of time.

Recordings

Student will not capture any portion of the Course in any way, including but not limited to video recording, photography, voice recording or screen shots. Any recordings provided by Calibrate will be for Student’s own use only and Student agrees they will not duplicate or share the recordings with any other third-party.

Media Release

The Student hereby authorizes Calibrate Pilates to take photos or videos during the Course, and consents to the use of such photos or videos, including those which may contain the Student or the Student’s likeness, for any presentations, publications, websites, or social media of Calibrate Pilates without further consent or consideration.

Full Agreement

These Terms, together with the Waiver of Liability, Release and Indemnity constitute the full agreement between Student and Calibrate Pilates.

Relationship

The parties agree that the relationship of Calibrate Pilates to Student is that of an independent contractor and acknowledge that it is not the intent of the parties to create a relation of employment, partnership, agency or joint venture between Calibrate and Student at any time.

Governing Law and Disputes

These Terms are governed by and interpreted in accordance with the laws of British Columbia, and federal laws of Canada, where applicable. All disputes with respect to the interpretation, application or alleged breach of this Agreement that the parties are unable to resolve informally, may be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may commence a legal to be heard in the courts of Vancouver, British Columbia.

General

This Agreement will be governed by, and construed under, the laws of the Province of British Columbia.