MOOV – Program Registration Terms

1. Parties and agreement

These Program Registration Terms are between Moov Ottawa Dance Incorporated, carrying on business as Moov Ottawa Dance (“Moov”), and the adult purchaser identified in the registration (“you”). If you register another participant, you confirm that you are authorized to do so. The participant or, for a participant under 18, the parent or legal guardian must complete the applicable portions of the Participation, Risk and Media Agreement.

The agreement consists of the checkout disclosures and program description, these Terms, the Code of Conduct and any other document expressly presented for acceptance. The Privacy Policy describes personal-information practices but is not intended to waive legal rights. Any inconsistency is resolved in the following order: mandatory law; the specific checkout description; a written amendment signed or expressly accepted by both parties; these Terms; and the Code of Conduct.

1. Supplier information

Business name: Moov Ottawa Dance
Email: programs@moovottawa.com 

1. Registration and confirmation

A registration is complete only when payment is authorized and Moov sends a Booking Confirmation. You must review the program details, identify and correct errors, and expressly accept or decline the agreement before payment. We will provide an email copy of the completed purchase in a form you can retain. Please review the confirmation promptly and notify us of an error. Spaces are limited and are not held by an incomplete checkout, waitlist request or inquiry. You must provide complete and accurate information and promptly update material changes affecting contact, safety, authorized pickup or participation.

1. Fees and payment

All prices are in Canadian dollars. HST and any mandatory charge will be disclosed before payment. Unless the checkout states otherwise, full payment is due at registration. You authorize the disclosed charge through the selected payment method. You remain responsible for a reversed, disputed or failed payment that was properly owing, together with any fee expressly disclosed and permitted by law.

Promotional codes and discounts have no cash value, are not retroactive and may be subject to stated eligibility and expiry conditions. We may correct an obvious pricing error before confirming the registration and will offer the choice of paying the correct price or receiving a full refund.

1. Participant eligibility and readiness

You are responsible for selecting a program consistent with the participant’s stated age, prerequisites and experience level. Participation involves physical activity. A participant should not attend while ill, impaired or unable to participate safely. Contact Moov before registration if clarification or an accommodation is required.

Moov does not provide medical diagnosis, therapy, personal care or one-to-one behavioural support unless expressly agreed in writing. We will consider disability-related accommodation requests in good faith and provide accommodation to the point of undue hardship as required by law. Information requested for accommodation will be limited and handled confidentially.

1. Attendance, lateness and make-up classes

Participants should arrive at the time stated in the program information. Late participation may be delayed or refused where joining without the warm-up or orientation would create a safety or material disruption concern.

Unless the specific program description states otherwise:

• a missed class does not entitle the participant to a refund or credit;

• an adult multi-week program participant may request one courtesy make-up class during the same session, subject to advance notice, space, level suitability and availability;

• a courtesy make-up has no cash value, is not guaranteed and cannot be carried forward; and

• workshops, pop-ups, single classes, children’s programs, camps, special events and missed make-ups are not eligible for a make-up unless Moov confirms otherwise in writing.

1. Participant cancellation, transfers and refunds

   1. Statutory cancellation and refund rights

Nothing in these Terms limits any cancellation, refund or other right available under the Consumer Protection Act, 2002 or other applicable law. Where a registration constitutes a personal development services agreement to which sections 30 to 36 of the Consumer Protection Act, 2002 apply, the purchaser may cancel the registration, without giving a reason, at any time during the period ending ten (10) days after the later of:

1. the day the purchaser receives a written copy of the agreement; and

2. the day all services included in the agreement are available.

A statutory cancellation notice may be delivered to Moov at programs@moovottawa.com.Where the purchaser validly cancels under an applicable statutory right, Moov will provide the refund required by law within the applicable statutory period.

1. 1. General no-refund policy

After any applicable statutory cancellation period has expired, confirmed registrations are final and non-refundable except where:

1. Moov cancels or materially changes a program as provided in section 8;

2. a refund is otherwise required by applicable law; or

3. Moov expressly agrees in writing to make an exception.

Moov relies on confirmed registrations when reserving studio space, engaging instructors, establishing program capacity and determining whether a program can operate. Accordingly, illness, injury, travel, scheduling conflicts, personal circumstances, dissatisfaction, withdrawal, partial attendance, lateness or missed classes do not automatically entitle the purchaser or participant to a refund, partial refund or credit.

Any disability-related or other accommodation request will be considered individually in accordance with the Ontario Human Rights Code. Nothing in this section limits Moov’s duty to accommodate to the point of undue hardship.

1. 1. Discretionary same-season credits

After the applicable statutory cancellation period has expired, Moov may, but is not required to, offer a courtesy program credit instead of a refund. Any credit:

1. must be approved and confirmed by Moov in writing;

2. will be issued in the amount and for the eligible program or programs identified by Moov;

3. may be used only during the same program season as the original registration, as identified in the applicable program description, checkout page or credit confirmation;

4. expires at the end of that season unless Moov agrees otherwise in writing;

5. has no cash value and cannot be redeemed or exchanged for money;

6. may not be combined with another credit, discount or promotion unless Moov agrees otherwise; and

7. is personal to the purchaser or participant and may not be transferred, sold or assigned except with Moov’s prior written approval.

A courtesy credit is an additional contractual accommodation offered by Moov and does not replace or restrict any refund required by law.

1. 1. Substitute participants and registration transfers

Before the program begins, the purchaser may ask Moov to permit another person identified by the purchaser to take the registered participant’s place. A substitution or registration transfer:

1. is subject to Moov’s prior written approval;

2. is not effective until the substitute participant satisfies all applicable age, skill-level, capacity, conduct and safety requirements;

3. is not effective until Moov receives all required participant information, consents, acknowledgements and participation agreements;

4. may be refused if the program has begun, the proposed substitute is ineligible, amounts remain unpaid, or the substitution would materially affect program administration, safety or delivery; and

5. does not entitle either person to a refund, credit or other payment from Moov.

The purchaser is responsible for locating the substitute participant. Any payment or reimbursement between the purchaser and substitute participant is a private arrangement between them. Moov is not a party to that arrangement and is not responsible for collecting, refunding or enforcing any amount between them. The purchaser must not charge the substitute participant more than the amount originally paid for the transferred registration.

Until Moov confirms the substitution in writing, the original registration remains unchanged. Once a substitution is approved, the original purchaser and participant have no further claim to the transferred registration, credit or refund except where required by law.

1. 1. Discretionary exceptions

Moov may make a reasonable exception to this section in exceptional circumstances. An exception in one case does not create a precedent or require Moov to make the same or a similar exception in another case.

1. Changes or cancellation by Moov

Moov may make reasonable changes to an instructor, room, schedule or program format where necessary, provided the essential nature of the program is not materially reduced. We will give reasonable notice where practicable.

If Moov cancels a program and does not offer a reasonably comparable replacement accepted by you, Moov will refund the amount paid for the cancelled portion. If a single class is cancelled, Moov may offer a rescheduled class, credit or refund for that class. Refunds will be issued to the original payment method unless otherwise agreed or required by law.

1. Weather, emergencies and events beyond control

If a program cannot proceed safely because of severe weather, building closure, public-health direction, emergency, utility failure, transportation disruption or another event beyond Moov’s reasonable control, Moov may relocate, reschedule, move online where reasonably suitable, provide a credit or refund the affected portion. The remedy will be reasonable having regard to the circumstances, costs already irreversibly incurred and applicable law.

1. Safety, conduct and removal

Participants must follow instructor directions, venue rules, the Code of Conduct and reasonable health and safety requirements. Moov may pause or remove a participant where reasonably necessary to address immediate safety, harassment, violence, serious disruption or material non-compliance.

Except where immediate action is necessary, Moov will ordinarily explain the concern and provide a reasonable opportunity to respond. Consequences will be proportionate and will take account of age, circumstances and any duty to accommodate. If removal results from serious or repeated misconduct, no refund is required except where required by law. If Moov ends participation for reasons unrelated to participant misconduct and cannot reasonably accommodate continued participation, Moov will refund the unused portion.

1. Personal belongings

Participants are responsible for personal belongings. To the extent permitted by law, Moov is not liable for ordinary loss, theft or damage to unattended items. This does not apply to loss caused by Moov’s wilful misconduct or to liability that cannot be excluded.

1. Photography and recording

Moov’s promotional photography and recording are governed by the optional media election in the Participation, Risk and Media Agreement. Consent is optional unless the specific program is expressly described before purchase as a filmed production in which recording is essential. Participants may not record another person without that person’s consent and must comply with instructor directions and the Code of Conduct.

1. Physical risks and emergencies

Dance and related activities involve inherent and other risks. The adult participant or, for a participant under 18, the parent or legal guardian must complete the applicable risk and participation portions of the Participation, Risk and Media Agreement. In an emergency, Moov may contact emergency services and the listed emergency contact. The participant remains responsible for charges imposed by third parties unless applicable law provides otherwise.

1. Communications and privacy

You consent to transactional communications reasonably necessary to administer the registration, such as confirmations, receipts, changes and safety notices. Promotional communications require consent or another lawful basis and may be unsubscribed from. Personal information is handled under the Privacy Policy.

1. General

These Terms are governed by Ontario law and the federal laws of Canada applicable in Ontario. Subject to mandatory consumer rights, disputes may be brought before the courts in Ottawa, Ontario. If a provision is unlawful or unenforceable, it will be severed or limited to the minimum extent necessary without affecting the remaining provisions. A waiver must be express and applies only to the specific instance. Electronic acceptance and signatures have the same effect as originals where permitted by law.

1. Acceptance

I am at least 18 years old, have reviewed the program description and total price, have had the opportunity to correct errors, and agree to these Program Registration Terms and the Code of Conduct. ​

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These terms will be accessible for signing during your check-out. All photography & filming media requests will be done on a class-by-class and event-by-event basis as we do not film classes on a regular schedule. Consent will be collected and participants will be informed prior-to programming.

 

MOOV – Participation, Risk and Media Agreement

1. Parties, participant and scope

This Agreement is between Moov Ottawa Dance Incorporated, carrying on business as Moov Ottawa Dance (“Moov”), and the adult participant or parent/legal guardian identified below (“Signing Adult”). It supplements the Program Registration Terms and Code of Conduct for dance classes, workshops, camps, rehearsals, performances, battles, events and related activities offered or organized by Moov (collectively, “Moov Activities”).

IMPORTANT: If the participant is 18 or older, the participant must be the Signing Adult and Parts A, B, D and E apply. If the participant is under 18, the parent or legal guardian must be the Signing Adult and Parts A, C, D and E apply. The permissions in Part D apply only if the separate “Yes” media choice is selected.

PART A - TERMS APPLYING TO ALL PARTICIPANTS

1. Nature of activities and risks

Moov Activities involve physical exertion and may include warm-ups, stretching, dance instruction, freestyle movement, floorwork, jumps, spins, freezes, power moves, partner or group movement, performances, use of studios or event spaces, and movement near other participants, equipment or structures.

Risks include, without limitation: slips, trips and falls; collisions or contact with people, floors, walls, furniture or equipment; improper technique; overexertion; dehydration; dizziness; aggravation of a pre-existing condition; strains, sprains, fractures, concussion and other head injury; illness transmission; emotional distress or anxiety; equipment or facility failure; acts or omissions of other participants; and delay in medical assistance. Injuries may be minor or serious and may result in temporary or permanent disability, financial loss or death. Some risks are inherent and cannot be eliminated without changing the essential nature of the activity.

1. Readiness, safety and accommodation

The participant will select activities appropriate for their age, experience and condition, follow reasonable safety and instructor directions, use required equipment, stop if unsafe or unwell, and report an immediate safety concern. The participant or Signing Adult is responsible for deciding whether medical advice is appropriate before participation.

A diagnosis need not be disclosed where needs can reasonably be addressed without it. Information reasonably necessary for immediate safety, emergency response or a requested accommodation should be provided, including serious allergies, emergency medication instructions or functional restrictions relevant to participation. Moov will consider accommodation requests individually and in good faith, in accordance with the Ontario Human Rights Code and other applicable law, and will limit information to those who reasonably need it.

A participant must not attend while experiencing symptoms of a communicable illness that materially risk others, while subject to a public-health exclusion, while impaired, or while unable to participate safely. Material changes to an urgent health, safety or accommodation plan must be reported promptly.

1. Conduct, attendance and personal property

The participant and Signing Adult will comply with the Program Registration Terms, Code of Conduct, venue rules and reasonable safety directions. Moov may pause or remove a participant where reasonably necessary for safety, serious misconduct or material non-compliance, subject to applicable accommodation obligations and the refund provisions in the Program Registration Terms.

The participant accepts the ordinary risk of loss, theft or damage to personal property brought to a Moov Activity, except to the extent caused by conduct for which liability cannot lawfully be excluded.

1. Emergency assistance and incident response

If the participant is unable to provide instructions in an emergency, the Signing Adult authorizes Moov to provide basic first aid within the responder’s training, contact the listed emergency contact and call 911 or seek emergency assistance where reasonably considered necessary. Moov does not guarantee the availability or outcome of medical assistance. The participant or parent/guardian is responsible for third-party ambulance, medical or transportation charges unless the law provides otherwise.

Moov may document a serious injury, safety concern or conduct incident and may share reasonably necessary information with emergency responders, a parent or guardian, insurers, professional advisers, authorities or program partners as permitted by law.

PART B - ADULT PARTICIPANT ASSUMPTION OF RISK AND RELEASE

Adult participants only: Part B applies only where the participant is at least 18 years old and is personally accepting this Agreement. A parent or guardian registering a minor must not select the Part B acceptance.

1. Voluntary assumption of risk

I voluntarily choose to participate in Moov Activities. I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL INHERENT RISKS AND ALL OTHER RISKS DESCRIBED IN THIS AGREEMENT, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE RELEASED.

1. Adult release and agreement not to sue

To the fullest extent permitted by law, I RELEASE AND FOREVER DISCHARGE Moov, its owners, directors, officers, employees, instructors, contractors, volunteers, agents, representatives, affiliates, successors and assigns, and the owners, occupiers and operators of premises used for Moov Activities (collectively, the “Released Parties”), from every claim, demand, action, cause of action, damage, loss, cost or expense arising out of or connected with my participation in or presence at Moov Activities, INCLUDING A CLAIM CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE, BREACH OF A DUTY OF CARE OR BREACH OF OCCUPIERS’ LIABILITY DUTY OF A RELEASED PARTY, including negligent instruction, supervision, inspection, maintenance, emergency response or operation of premises.

I agree not to commence or maintain a claim against a Released Party in respect of a matter released above. This release does not apply to gross negligence, reckless or intentional misconduct, fraud, or any liability or statutory right that cannot lawfully be excluded or waived.

PART C - PARENT/GUARDIAN AND CHILD PARTICIPATION TERMS

Minor participants only: Part C applies where the participant is under 18. It records the parent/guardian’s authority, informed permission and acknowledgement of inherent risks. It is not intended to release or waive the child’s own claims where Ontario law does not permit that result.

1. Authority and permission

I confirm that I am the participant’s parent or legal guardian or am otherwise legally authorized to register the child and make the decisions requested in this Agreement. I voluntarily permit the child to participate, taking the risks described in Part A into account, and will encourage the child to follow safety directions, use required equipment, stop when unsafe or unwell and report concerns.

1. Medication and personal care

Unless Moov expressly agrees in writing, staff do not administer medication or provide personal or medical care. A child who carries emergency medication must be able to self-administer it unless another written arrangement has been made. I will provide clear written instructions and ensure medication is current, labelled and accessible as agreed. Group dance instruction is not medical care, therapy, personal care or one-to-one behavioural support unless expressly agreed in writing.

1. Drop-off, supervision and authorized pickup

Moov’s supervision begins at the stated check-in time and place and ends at the stated pickup time and place. I remain responsible before and after that period and will not leave the child unattended before staff assume supervision.

Moov may release the child only to the parent/guardian or an authorized pickup person identified in the registration or later authorized through Moov’s designated process. Moov may request identification. I will give advance notice of a change and understand that a message delivered through a child is not sufficient authorization.

I will arrange punctual pickup and contact Moov immediately if delayed. Moov may contact the listed adults and appropriate authorities where a child remains uncollected and safety requires it. Any late fee must have been disclosed before registration or agreed in writing and must be reasonable and permitted by law.

1. Parent/guardian communication and risk acknowledgement

I will review the Code of Conduct with the child in age-appropriate language, reinforce respectful and safe behaviour, provide accurate emergency and authorized-pickup information, and promptly report material changes. Moov will ordinarily raise concerns with me and use age-appropriate, proportionate responses, subject to immediate safety needs and the duty to accommodate.

I understand the physical and other risks described in Part A. This section records my informed permission and assumption of inherent risks as parent/guardian. It does not state that I can release or waive the child’s own legal claims where Ontario law does not permit that result.

PART D - OPTIONAL PHOTO, AUDIO AND VIDEO CONSENT - To be conducted on a class-by-class or event-by-event basis.

A separate choice is required: Promotional media consent is optional unless the specific activity was clearly described before purchase as a filmed production in which recording is essential. Choosing “No” will not otherwise affect access to Moov programs.

1. Media election (options)

YES. I authorize Moov Ottawa Dance Inc., carrying on business as Moov Ottawa Dance, and its authorized service providers to photograph, audio-record and video-record the participant during the identified program, event or period (the “Media”) and to use the Media on the terms below.

NO. I do not consent to Moov using identifiable Media of the participant for promotional purposes. I understand Moov will take reasonable steps to accommodate this choice, but the participant may appear incidentally in wide crowd images at public events where individual consent is not reasonably required by law.

1. Permitted uses if “Yes” is selected

Moov may edit, reproduce, publish, display, communicate and distribute the Media for its lawful promotional, educational, archival and community-relations purposes, including on its website, social-media channels, newsletters, advertisements, grant or sponsor reports and promotional materials, in any media now known or later developed. This permission is non-exclusive, worldwide, royalty-free and, subject to withdrawal below, continues for five (5) years from the date of consent.

Moov may crop, caption, combine or adapt the Media, provided it does not use it in a manner that a reasonable person would consider defamatory, misleading, unlawful or materially harmful to the participant’s dignity. Neither the participant nor the Signing Adult will receive compensation, royalties or approval rights for permitted uses. The photographer or recorder will own copyright in Media created by or for Moov, subject to this consent and applicable law. This Agreement does not transfer ownership of the participant’s independently created work.

1. Name and identifying information

If “Yes” is selected - options:

Moov may use the participant’s first name only with the Media.
Moov may use the participant’s full name only for this specific purpose.
Moov must not publish the participant’s name.

Moov will not publish a child’s contact information, health information, school, home address or precise routine with promotional Media. A recognizable image or voice may itself identify the participant even when no name is used.

1. Online risks and withdrawal

Online Media may be viewed, copied, shared or stored by others outside Moov’s control, including outside Canada, and complete deletion from the internet cannot be guaranteed. Moov will use reasonable safeguards and will not knowingly license a participant’s likeness for an unrelated third party’s independent advertising without additional consent.

Media consent may be withdrawn prospectively by writing to programs@moovottawa.com and identifying the participant and Media where possible. Moov will stop new uses within a reasonable time and remove Media from channels under its control where reasonably practicable. Withdrawal cannot undo printing, distribution, sharing, indexing, archiving or lawful uses completed before withdrawal and may not require recall of existing materials.

PART E - GENERAL TERMS AND COORDINATED ACCEPTANCE

1. Privacy, governing law and severability

The Privacy Policy applies to personal information collected under this Agreement. This Agreement is governed by Ontario law and the federal laws of Canada applicable in Ontario. If a provision is unlawful or unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will continue. This Agreement applies during the program or validity period identified above, but a materially revised adult release or new material use of personal information must be presented for the acceptance or consent required by law.

1. Required capacity election

Select exactly one:

ADULT PARTICIPANT. I confirm that I am the participant and am at least 18 years old. I have read Parts A, B and E in full, understand that Part B gives up important legal rights, have had the opportunity to ask questions and seek independent advice, and accept those Parts freely.

PARENT/LEGAL GUARDIAN OF A MINOR. I confirm that I have authority to register the child. I have read Parts A, C and E, understand the risks described, and consent to the child’s participation. I understand that this election is not described as releasing the child’s own claims.

1. Media confirmation

My separate Part D media choice is the box marked “Yes” or “No” above. I understand that a “Yes” choice is voluntary. If the participant is under 18, I confirm that I am the parent or legal guardian and have authority to provide that consent.​