Terms & Conditions
Terms & Conditions
We don’t like SMALL print either, but it's necessary. We’ve tried to make the terms and conditions as clear and simple to understand as possible...
RENTAL TERMS & CONDITIONS
Customer Health & Safety
All equipment provided by Easyfitness (the “equipment”) to the renter is used at the renter’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be explained by Easyfitness to the customer that in no way has Easyfitness recommend the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.
By entering into this agreement the renter is agreeing to waive certain legal rights, including the right to sue Easyfitness and each of its directors, officers, employees, representatives and agents (collectively, “Easyfitness”).
Assumption of Risk
By entering into this agreement, the renter hereby acknowledges that:
a) the use of the equipment exposes the renter to certain risks and hazards;
b) as a result of the aforesaid risk and hazards, the renter may suffer serious personal injury or bodily harm;
c) the renter nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the renter’s own risk;
d) Easyfitness does not assume any responsibility whatsoever for the renter’s safety in connection with the use of the equipment; and
e) by entering into this agreement, the renter will be forever prevented from suing or otherwise claiming against Easyfitness for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the renter.
Condition of Equipment
Easyfitness exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to Easyfitness in the same condition it was at the effective date of renting. Normal wear and tear is expected and accepted by Easyfitness. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of renting. All damaged equipment which may be repaired will be repaired by Easyfitness and the customer shall pay for the cost of such repairs.
Customer Possession of Equipment
The customer assumes all responsibility for the equipment while out of the possession of Easyfitness. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by Easyfitness.
Penalty charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the set standard weekly rate for the item of equipment concerned.
In the event of the customer being in default of payment of any rental charges, or Easyfitness deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, Easyfitness shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment. In the event of the cancellation by the Easyfitness of this agreement pursuant to this paragraph, the customer shall forfeit to Easyfitness any rental charges with respect to any unused period of rental.
Scheduled rental rates begin when the customer takes possession of the equipment.
End of Rental Payments
Rental payments end on latter of: 1) the last day of the original rental term and 2) 5 business days after the renter informs Easyfitness that they wish to return the equipment. In the case that the customer terminates this agreement prior to the due date, the balance of all rentals due over the original rental term, less a discount equivalent to one week’s rental charge, shall immediately be paid to Easyfitness.
Renewing the Agreement
At the end of any period of rental in respect of which Easyfitness has received payment from the customer, the customer will have the option to re-rent the equipment at the same rental rate per week, provided that option must be exercised and further rental charges paid to Easyfitness before the expiry of the paid period of rental and provided that any such further rental shall in all respects be subject to the conditions of the contract as expressed in this document. Exercise of the option to renew shall be deemed to have effected on payment being received by Easyfitness by the customer.
The customer will, in the event of moving to a new place of residence (or in the case of a business, to a new place of business), notify Easyfitness prior to such change, whereupon Easyfitness shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of $100.00 + HST to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of Easyfitness, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by Easyfitness to move the equipment.
Rent to Buy
During the time which the customer has an active rental agreement in place, Easyfitness grants to the customer the right to purchase the same rented equipment piece delivered to the customer for the price indicated on the rental agreement, which has been calculated to provide a credit for a portion of such rental charges as shall have been actually paid by the customer over the course of the originally contracted rental term period only. Rental payments due for any rental renewal period after the original rental term do not result in purchase credit. Easyfitness reserves the right to reduce the purchase price credit for any defaulted customer rental payments. The customer agrees that any and all equipment is sold strictly on an as is, where is-basis and that no warranty whatsoever exists on purchased equipment. The right to purchase any and all rented equipment shall terminate with the return of the rental equipment.
Delivery & Setup
Easyfitness agrees to deliver and setup the equipment to the customer free of charge, subject to any delivery charges for deliveries outside Easyfitness free delivery zone. Any delivery charges will be made clear to the customer prior to purchase by the customer. Easyfitness agrees where practical and reasonable to assist to locate the equipment within the delivery address, however the customer agrees to indemnify Easyfitness from any claim of damages or injury that occurs to the premises, the customer or any other person involved in or incidental to the handling of the equipment during delivery.
Return of Faulty Equipment
Equipment that is faulty can be exchanged with Easyfitness. If goods are faulty, Easyfitness will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate. If there is no fault with the machine the customer shall be charged $50.00 for the call-out.
Release of Liability, Waiver of Claims and Indemnity
The renter hereby acknowledges and agrees:
1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the renter may have or may in the future have against the Easyfitness and TO RELEASE EASYFITNESS in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the renter may suffer, or that the renter's next of kin may suffer resulting from or arising out of the renter's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF EASYFTNESS;
2.TO HOLD HARMLESS AND INDEMNIFY EASYFITNESS from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;
3.This rental agreement shall be effective and binding upon the renter's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the renter’s death or incapacity;
4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
5.Any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and the renter hereby attorns to the exclusive jurisdiction of the Courts of the Province of Ontario.
In entering into this agreement, the renter acknowledges that he or she is not relying upon any oral or written representations or statements made by Easyfitness with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.
THE RENTER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE RENTER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST EASYFITNESS. IN ADDITION, THE RENTER ACKNOWLEDGE AND AGREE THAT EASYFITNESS HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE EASYFITNESS FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS EASYFITNESS WOULD NOT HAVE ALLOWED THE RENTER TO USE THE EQUIPMENT.