Terms & Conditions
Acceptance of the Terms
Calibrate offers the Clinical Pilates Instructor Training (the “Course”) and by applying for enrollment in, enrolling in, or participating in the Course, you (“You”, “Your”, the “Student”) hereby agree to these terms and conditions (the “Terms’).
Student’s Prior Knowledge
Students are expected to have a working knowledge of topics foundational to the Course and by enrolling in the Course, you hereby represent and warrant that you have completed a full course of study in tertiary-level anatomy and physiology at an accredited institution, and that you have a strong understanding of neuro-musculoskeletal pathology.
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”), and 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 six (6) hours of training over the length of the Course. Where a student misses more than six (6) hours of training over the length of the Course, Calibrate may, in its sole discretion, permit the student to make-up the missed hours privately at a rate of $150.00 per hour.
Payment of Course Fees
Course fees (“Fees”) are listed in Canadian Dollars and payment can be made to Calibrate via cheque or Interac e-transfer. Payment will be due monthly and the Student agrees to make such payments as they become due. 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 an initial payment in the amount of $850.00 is received by Calibrate.
Where ongoing payment is required by Calibrate and such payment is outstanding for any reason, Calibrate may limit the Student’s access to the Course until payment is received.
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 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 elects to cancel a course for any reason, Calibrate 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 will not be responsible for any loss or damage suffered by the Student arising out of Calibrate’s 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 to Calibrate, the Student will not be entitled to a refund of Fees paid and any refunds will occur at Calibrate’s sole discretion.
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.
Calibrate 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 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 with respect to the Student’s use of the Information for the same.
Copyright and Ownership
The Student acknowledges and agrees that any materials, including, without limitation, all data, materials, concepts, techniques, plans, designs, methodologies, procedures, programs, approaches, ideas, know-how, computer software and technology and other materials or information (collectively, the “Property”) supplied by Calibrate to the Client remains the sole and exclusive property of Calibrate.
The Property will not be copied, sold, or otherwise transferred to a third party by the Client without the specific direction or prior written consent of Calibrate.
The Client acknowledges and agrees that a breach by the Client of any of the covenants contained in this Agreement would result in irreparable harm to Calibrate that could not adequately be compensated by way of a damage award. The Client agrees that in the event of any such breach, in addition to damages and all other remedies available to Calibrate at law or in equity, Calibrate 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 Student’s Likeness
The Student hereby authorizes Calibrate 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 without further consent or consideration.
Acceptance and consent to Waiver
Acceptance of the Calibrate’s Waiver of Liability is a term of this Agreement and by agreeing to the terms herein, you also agree to the terms of the Waiver of Liability.
The parties agree that the relationship of Calibrate to the Client 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.
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 action in any British Columbia court.
This Agreement will be governed by, and construed under, the laws of the Province of British Columbia.