
Terms of Service
ZENDEN TERMS OF SERVICE
THIS TERMS OF SERVICE AGREEMENT (“THIS AGREEMENT” OR “THESE TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND ZENDEN COLLECTIVE LTD. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “ZENDEN,” “THE COMPANY,” “US,” OR “WE”), ON THE OTHER HAND, REGARDING YOUR USE OF SERVICES (INCLUDING PARTICIPATING IN ANY CLASSES, SESSIONS, EVENTS, RETREATS, CORPORATE WELLNESS PROGRAMS, HOTEL ACTIVATIONS, CHARITY PARTNERSHIP PROGRAMS, OR ACTIVITIES HOSTED, SPONSORED, OR AFFILIATED WITH ZENDEN, COLLECTIVELY, THE “PROGRAM”) WHETHER AT OR VIA: (I) A ZENDEN IN-PERSON LOCATION; (II) WWW.ZENDENSOCIAL.COM (THE “WEBSITE”); AND/OR (III) ANY APP OR OTHER SOFTWARE PROVIDED BY ZENDEN (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 ZENDEN PERMITTING YOU (“I” OR “ME”) TO PARTICIPATE IN ACTIVITIES INCLUDING (BUT NOT LIMITED TO) MOVEMENT CLASSES, SOUND THERAPY, BREATHWORK, CONTRAST THERAPY (INCLUDING INFRARED, SAUNA, AND COLD PLUNGE), WORKSHOPS, RETREATS, PRIVATE SESSIONS FOR INDIVIDUALS OR GROUPS, CORPORATE WELLNESS PROGRAMS, HOTEL ACTIVATIONS, COMMUNITY/CHARITY PARTNERSHIP PROGRAMMING, AND THE USE OF ZENDEN’S OTHER ON-SITE OR OFF-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.
Assumption of Risks
- 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 RISKS, DANGERS, AND HAZARDS INVOLVED, INCLUDING THOSE CAUSED BY NEGLIGENCE OF ZENDEN OR OTHERWISE. I UNDERSTAND THAT I SHOULD CONSULT A DOCTOR BEFORE PARTICIPATING IN ANY ACTIVITIES AND INFORM ZENDEN OF ANY HEALTH CONCERNS IN ADVANCE. I UNDERSTAND THAT CERTAIN ACTIVITIES MAY INVOLVE INFRARED, SOUND EXPOSURE, DARKNESS/LIMITED LIGHT, HEAT, COLD, OR THE USE OF VARIOUS EQUIPMENT. ZENDEN DOES NOT GUARANTEE ANY SPECIFIC HEALTH, FITNESS, OR WELLNESS OUTCOME.
- I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS WHICH I HAVE OR MAY IN THE FUTURE HAVE AGAINST ZENDEN, ANY ENTITIES OWNED IN WHOLE OR IN PART BY ZENDEN, AND EACH OF THEIR AFFILIATES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), ARISING OUT OF OR RELATED TO ANY ACTIVITIES, PROGRAMS, OR SERVICES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF STATUTORY OR OTHER DUTY OF CARE.
- I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST ZENDEN OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THEM FROM ANY LIABILITY WHATSOEVER. I SHALL INDEMNIFY, DEFEND, AND HOLD ZENDEN AND ALL OTHER RELEASEES HARMLESS AGAINST ANY THIRD-PARTY CLAIM ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES.
- I ACCEPT THAT THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY PERSONAL PROPERTY, REGARDLESS OF WHETHER SUCH PROPERTY IS LOST, STOLEN, OR DAMAGED.
- 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 EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY ME TO ZENDEN IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) $500.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ZENDEN AND ME.
- IF ANY TERM OR PROVISION IS HELD INVALID OR UNENFORCEABLE, THE REMAINING TERMS WILL CONTINUE IN FULL FORCE AND EFFECT.
- THIS AGREEMENT BINDS AND BENEFITS ZENDEN AND ME AND OUR RESPECTIVE HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS.
- THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA. ANY CLAIM MUST BE BROUGHT ONLY IN THE COURTS OF BRITISH COLUMBIA.
- THE PARTIES REQUIRE THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS BE DRAWN UP IN ENGLISH. LES PARTIES AUX PRÉSENTS ONT EXIGÉ QUE LA PRÉSENTE CONVENTION ET TOUS LES DOCUMENTS QUI S’Y RATTACHENT SOIENT RÉDIGÉS EN ANGLAIS.
- 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 ZENDEN AND THE RELEASEES.
PART 2: ADDITIONAL TERMS
Eligibility
- You must be 16 years of age or older to use Zenden’s Program and Services.
- If you are under the age of majority, you may only participate with parental or guardian consent and the required minor waiver.
Respect
We are committed to creating a safe, inclusive environment. Discrimination, harassment, bullying, hate speech, violence, or intimidation of any kind will not be tolerated.
Health Disclaimer
You may not participate in the Program while under the influence of drugs or alcohol.
Accounts
- To use the Service, you must create an account and provide accurate, complete information.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- Please notify us immediately at info@zendensocial.com if you suspect unauthorized use of your account.
Memberships and Fees
- Memberships are subscription-based and automatically renew unless canceled before the renewal date.
- Payments are processed through Stripe and are subject to Stripe’s terms in addition to these Terms.
- No refunds are issued for unused portions of memberships or late cancellations, except as required by law.
- Free trial use, if offered, is limited to one per person and requires a valid payment method at sign-up.
Offers, Discounts, and Coupons
- Zenden may, at its sole discretion, offer limited-time promotions, discounts, or coupons.
- Misuse or fraudulent activity related to offers may result in cancellation of membership without refund.
Mistakes
From time to time, information may contain errors or omissions. We reserve the right to correct such errors without prior notice, including after an order or booking has been placed.
Proprietary Rights
All content, branding, materials, and intellectual property associated with Zenden are protected and may not be copied, reproduced, distributed, or otherwise used without written permission.
Consent to Communications
By using the Service, you consent to receiving communications from us electronically. These may include notices about your account, membership, or programs.
Supplemental Terms
Certain promotions, retreats, or charitable programs may have additional terms, which will apply in addition to these Terms.
Class Action Waiver
Where permitted by law, you agree to bring claims only in your individual capacity and not as a class action plaintiff. You also waive the right to a jury trial.
Privacy Policy
By using the Service, you consent to the collection, use, and disclosure of your personal information in accordance with Zenden’s forthcoming Privacy Policy.
Contacting Zenden
For questions, comments, complaints, or claims related to Zenden locations or services, please contact us at:
info@zendensocial.com