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User Generated Content Terms of Use

By responding to our message with "#YESFIT4LESS," you agree that we may use your Photo (as defined below) in accordance with these User Generated Content Terms of Use (the "Terms of Use"). In these Terms of Use, "we", "us" and "our" refers to GoodLife Fitness Centres Inc. ("GoodLife") and its affiliated companies. The "Photo" refers to the photo(s) (together with its caption and comments) that you posted on Facebook, Twitter or Instagram in response to which we sent a message asking permission to use the Photo and referring you to these Terms of Use.

Representations and Warranties

You represent and warrant that:

  • You have attained the age of majority in your province of residence;
  • You have the power and authority to agree to these Terms of Use;
  • The Photo is your own original creation and you own all of the rights in and to the Photo;
  • Any person(s) appearing in the Photo were at least 18 years old at the time that the Photo was taken;
  • You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these Terms of Use;
  • The Photo does not infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material;
  • Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the social media platform to which you uploaded or posted the Photo; and
  • You have read and you agree to comply with all of the terms and conditions in these Terms of Use.

License

You grant us a non-exclusive, worldwide, irrevocable, royalty-free, perpetual right and license to use, reproduce, edit, reformat, publish, broadcast, distribute, and otherwise utilize the Photo for any business purpose on our websites and social media pages, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole discretion, to use your username, real name, image, likeness, caption, location or other identifying information associated with the Photo, or provided by you when we utilize the Photo, in connection with any use of the Photo. If you agree to these Terms of Use, our use, if any, of the Photo, will be in our sole discretion and we shall have no obligation to use the Photo or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of the Photo as described in these Terms of Use, including but not limited to: (a) any person who appears or performs in the Photo, and (2) any person or entity who owns any rights in the Photo or anything that appears in the Photo. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, which may be required for our use of the Photo.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms of Use.

We will not be responsible for any other party’s use of the Photo, even if such third party’s use originated with or is derived from our use.

Privacy Policy

We will use any personal data we receive in connection with our use of the Photo in accordance with these Terms of Use and in accordance with our Privacy Policy available online at https://fit4less.ca/privacypolicy. You consent to our collection of any personal data you provide in connection with the use of the Photo as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information or agree to these Terms of Use.

Indemnity

You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these Terms of Use.

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent.

A failure by us to exercise or enforce any legal right or remedy that is contained in these Terms of Use shall not operate as a formal waiver of our rights or preclude the exercise of our rights at any subsequent time or on any subsequent occasion.

These Terms of Use shall be construed and governed by the laws of the Province of Ontario and the Federal laws of Canada here applicable.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.