Terms of Service
Effective Date: July 23, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) constitute a legally binding agreement between you, the individual or entity accessing or using the Services, and North Peak Wellness Inc., with its principal place of business at 412 King Street West, Suite 305, Toronto, ON M5V 1K1, Canada (“North Peak Wellness Inc.,” “we,” “us,” or “our”).
By accessing, booking, purchasing, registering for, or using any of our services, including in-person or online sessions, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies, waivers, informed consent forms, intake forms, or program-specific conditions presented to you from time to time. If you do not agree to these Terms, you must not use the Services.
You represent and warrant that you are at least the age of majority in your province or territory of residence, or that you are using the Services under the supervision and with the consent of a parent or legal guardian if required by applicable law.
2. Scope of Services
North Peak Wellness Inc. provides fitness and wellness services, which may include, without limitation:
- Personal training;
- Group fitness classes;
- Mobility and flexibility coaching;
- Nutrition guidance;
- Recovery and stretch sessions; and
- Wellness assessments.
Our Services are intended for general fitness, wellness, and educational purposes only. They are not a substitute for medical advice, diagnosis, treatment, or rehabilitation provided by a physician or other regulated health professional. You should consult your physician or another qualified health professional before beginning any exercise, nutrition, or wellness program, especially if you have any injury, illness, chronic condition, pregnancy-related concerns, or other health limitations.
We may modify, suspend, or discontinue any Service, class, program, coach, schedule, location, or offering at any time, with or without notice, subject to applicable law and any specific booking commitments already accepted by us.
3. User Obligations and Responsibilities
By using the Services, you agree to:
- Provide accurate, current, and complete information during registration, intake, booking, and payment processes;
- Promptly update any information that becomes inaccurate or incomplete;
- Disclose all relevant medical conditions, injuries, allergies, medications, restrictions, and other information that may affect safe participation;
- Follow all instructions, safety rules, facility policies, and reasonable directions provided by our staff, contractors, or instructors;
- Use equipment properly and only as instructed;
- Refrain from attending sessions while impaired by alcohol, drugs, or any condition that may endanger yourself or others;
- Treat staff, contractors, and other participants respectfully and refrain from harassment, discrimination, abusive conduct, or disruptive behavior; and
- Comply with all applicable federal, provincial, municipal, and public health laws and regulations.
You acknowledge that physical activity carries inherent risks, including the risk of serious injury, disability, or death. You voluntarily assume all such risks to the fullest extent permitted by law. If you experience pain, dizziness, shortness of breath, faintness, or any other concerning symptoms, you must stop immediately and seek appropriate medical attention.
We reserve the right to refuse entry, remove participants from a session, or suspend/terminate access to the Services if, in our reasonable discretion, a participant’s conduct is unsafe, disruptive, illegal, or inconsistent with these Terms.
4. Payment Terms and Conditions
Fees for Services will be communicated at the time of booking, purchase, or enrollment and may vary depending on the type of Service, package, membership, or promotion. Unless otherwise stated in writing, all fees are quoted in Canadian dollars (CAD).
- Payment is due in full at the time of purchase, booking, or as otherwise specified in the applicable program terms.
- We may require valid payment information on file to secure bookings, memberships, or recurring services.
- You authorize North Peak Wellness Inc. and our third-party payment processors to charge your chosen payment method for all applicable fees, taxes, late cancellation charges, no-show fees, and other approved amounts.
- If a payment fails or is reversed, we may suspend Services until the outstanding balance is paid in full.
- You are responsible for all applicable taxes, including GST/HST and any other applicable sales taxes, unless expressly stated otherwise.
Prices, packages, and promotions may change from time to time. Any change will apply prospectively and will not affect Services already purchased and paid for, unless you consent to the change or it is required by law.
5. Cancellation and Refund Policy
Cancellations, rescheduling, and refunds are subject to the specific booking terms applicable to the Service purchased, in addition to the following general rules:
- For personal training, consultations, assessments, and other scheduled one-on-one sessions, you must provide at least 24 hours’ notice to cancel or reschedule, unless a different notice period is stated at booking.
- For group fitness classes, cancellations must generally be made at least 12 hours before the class start time, unless otherwise specified.
- Late cancellations or no-shows may be charged in full and may count against package credits or memberships.
- Refunds, if any, are issued at our sole discretion in accordance with applicable consumer protection laws and any written program-specific terms.
- Prepaid packages, memberships, and promotional offers may be non-refundable, except where required by law or expressly stated otherwise in writing.
- If we cancel a session, we will generally offer a replacement session, credit, or refund at our discretion, subject to applicable law and the circumstances of cancellation.
Nothing in these Terms limits any mandatory rights you may have under applicable Canadian consumer protection legislation. If you are a consumer in Ontario or another province/territory with consumer protection laws, those laws may provide specific rights that cannot be waived by contract.
6. Liability Limitations
To the fullest extent permitted by applicable law, North Peak Wellness Inc., its directors, officers, employees, contractors, instructors, affiliates, agents, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit, loss of data, loss of goodwill, business interruption, or similar losses arising out of or in connection with the Services.
To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the amount you paid to North Peak Wellness Inc. for the specific Service giving rise to the claim during the three (3) months preceding the event that gave rise to the claim, unless a higher amount is required by applicable law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, fraud, or death or personal injury caused by negligence where such exclusion or limitation is prohibited by law.
You agree that you are solely responsible for your own health, condition, decisions, and participation. You assume all risks associated with exercise and wellness activities, including risks arising from equipment use, facility conditions, participant conduct, and following or not following instructions.
7. Intellectual Property Rights
All content, materials, methodologies, workout plans, class formats, training systems, assessments, logos, branding, website content, videos, photographs, text, graphics, and other intellectual property made available by North Peak Wellness Inc. are owned by or licensed to us and are protected by applicable intellectual property laws in Canada and internationally.
Subject to your compliance with these Terms and full payment of all applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the materials provided to you solely for your own non-commercial, personal use in connection with the Services.
You must not, without our prior written consent:
- Copy, reproduce, distribute, sell, licence, modify, adapt, translate, publish, or create derivative works from our materials;
- Record, livestream, photograph, or otherwise capture classes or sessions where prohibited or without permission;
- Use our trademarks, trade names, logos, or branding in any manner that suggests endorsement or affiliation; or
- Reverse engineer, scrape, or otherwise exploit any content, systems, or materials provided by us.
8. Data Protection and Privacy
We collect, use, disclose, and protect personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation.
By using the Services, you consent to the collection, use, and disclosure of your personal information for purposes that may include:
- Providing and administering the Services;
- Processing bookings, payments, cancellations, and refunds;
- Communicating with you about your account, sessions, scheduling, and customer support;
- Conducting wellness assessments and maintaining training records;
- Meeting legal, regulatory, tax, and accounting obligations;
- Improving our Services, operations, and client experience; and
- Sending marketing communications, where permitted by law and subject to your consent or right to opt out.
You acknowledge that we may use third-party service providers, including payment processors, scheduling tools, email providers, and cloud storage services, to support the delivery of the Services. These providers may process personal information outside your province or outside Canada, depending on the provider’s infrastructure and applicable safeguards.
For more details about our privacy practices, you may contact us using the information below. If a separate privacy policy is provided, it forms part of these Terms to the extent permitted by law.
9. Force Majeure
North Peak Wellness Inc. shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, fire, flood, severe weather, epidemic, pandemic, labour disputes, power outages, internet or telecommunications failures, government actions, facility closures, public health orders, civil unrest, or supply chain disruptions.
In the event of a force majeure occurrence, we may suspend, modify, or cancel Services as reasonably necessary. We will use commercially reasonable efforts to resume Services as soon as practicable.
10. Changes to Terms
We may update or revise these Terms from time to time at our discretion. Any changes will be effective upon posting the revised Terms or on a later date indicated by us, unless otherwise required by law.
Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to any change, you must stop using the Services.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to them, the Services, or your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
You irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute, claim, or proceeding arising out of or relating to these Terms or the Services, except where applicable consumer protection laws require otherwise.
12. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact:
North Peak Wellness Inc.
412 King Street West, Suite 305
Toronto, ON M5V 1K1
Canada
Email: [email protected]
Phone: +1 (647) 482-7593
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. If any invalid or unenforceable provision can be modified to make it valid and enforceable while preserving the parties’ intent, it shall be deemed modified accordingly to the extent permitted by law.
North Peak Wellness Inc. appreciates your trust and is committed to providing safe, professional, and high-quality fitness and wellness services.