Terms of Service

LAST UPDATED: APRIL 12, 2024

Table of Contents

TERMS OF SERVICE

Your access and use of the 1000526664 Ontario Inc. dba Active Remedy Club (“Active Remedy Club”, “we” or “us“) facilities located at 171 East Liberty Street, Unit 113, Toronto, Ontario M6K 3P6 and associated services (collectively, the “Services”) are governed by the terms and conditions listed in these terms of service (this “Agreement”).

By purchasing a guest pass, guest pass package or membership or registering for or using the Services, you acknowledge that you have carefully read the terms and conditions of this Agreement and agree to be bound by them. You may access a copy of this Agreement via email by request to Active Remedy Club at info@activeremedyclub.com.

YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002

The following applies if you have purchased and paid in advance for an Active Remedy Club membership or guest pass package for an amount over $50.00.

You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of this Agreement and the day all the Services are available. You do not need to give Active Remedy Club a reason for cancelling during this ten (10) day period. In addition, there are grounds that allow you to cancel this Agreement. You may also have other rights, duties, and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this Agreement, you must give notice of cancellation to Active Remedy Club, at the address set out in the Agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the Agreement, use any address of Active Remedy Club that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this Agreement, Active Remedy Club has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

AGE RESTRICTION

The minimum age requirement to enter Active Remedy Club is 18 years of age. If you are under the age of 18, you must not use our Services.

PURCHASE OF PASSES, PACKAGES OR MEMBERSHIPS

In order to use our Services, you must first purchase an Active Remedy Club guest pass, guest pass package or membership. Following your order, you will be eligible to book a class or session or attend our facilities. You can purchase a guest pass, guest pass package or membership through our booking application(s) (the “Application(s)”) available on our website located at www.activeremedyclub.com (the “Website” and together with the Application(s), our “Platform”), at our facilities, or by downloading the Application directly from the applicable Application provider. The guest passes, guest pass packages and memberships offered by Active Remedy Club, as well as the current price for each, are described on our Platform. Please note that memberships, guest passes, and guest pass packages are effective upon purchase and are subject to expiry. The applicable expiration date is set out on the Platform upon purchase.

Your rights under this Agreement are determined by the guest pass, guest pass package or membership that you choose to purchase. The Services may include the following: (i) access, during regular hours of operation, to our facilities, (ii) use of our lounge, saunas, steam rooms, ice baths, fitness and exercise facilities, treatment areas or other amenities, (iii) certain group classes as determined by us from time to time, (iv) acupuncture, cupping, compression therapy, breathwork, meditation, personal training, sound immersion therapy, red light therapy, IV drip therapy, yoga and other treatments, and (v) the ability to participate in certain events or activities that we may host or sponsor.

When using the Platform, you are subject to the terms and conditions of Active Remedy Club’s Platform Terms of Use, a copy of which may be found at: www.activeremedyclub.com/platform-terms-of-use. The Platform Terms of Use are incorporated by reference and deemed to be part of this Agreement.

MEMBERSHIP TERMS

All users purchasing a membership package will be required to execute a separate membership agreement (“Membership Agreement”) with Active Remedy Club prior to accessing the Services.

All of our membership packages have three (3) month commitment terms and are non-refundable and non-transferable other than as set out herein. Membership contracts require an active credit card on your account with billing commencing on the day you sign up for your membership. Memberships are automatically renewed and billed monthly on the same day as your start date. Should a default occur on an auto payment with your account, your membership will be placed on hold until resolution.

CANCELLATIONS AND REFUNDS

Membership cancellations are not permitted during a membership term and no refunds for any guest pass, guest pass package or membership will be provided unless required by law (including as set out under the heading “Your Rights Under the Consumer Protection Act, 2002”).

To cancel your membership, you must provide us with notice at least seventy-two (72) hours before your next automatic payment date. If notice is provided less than seventy-two (72) hours prior to your next payment date, your account will be charged for an additional month of membership after the cancellation request has been made. To submit your cancellation request, please contact us at concierge@activeremedyclub.com.

MEMBERSHIP FREEZE

You may temporarily freeze your membership a maximum of one time per billing year. The permitted freeze must be at least fifteen (15) days long; however, you cannot put your membership on hold for more than sixty (60) days per billing year. To put your membership on hold, please provide at least seven (7) days notice and notify us of your request at concierge@activeremedyclub.com.

TOP-UP CREDITS

Members may purchase additional passes beyond what is permitted in their membership package at a discounted rate. The discounted rate will be equivalent to their membership package rate plus applicable taxes. Additional passes do not accrue and are non-transferable.

LOYALTY PROGRAM

We may make one or more loyalty programs available to holders of certain membership packages. Participation in any loyalty program is voluntary and may be subject to additional rules and conditions. By participating in a loyalty program, you agree to any such additional terms and conditions, as they may be amended or modified by Active Remedy Club in its sole discretion from time to time.

PAYMENT AUTHORIZATION

By executing this Agreement, you agree to pay Active Remedy Club all sums, fees, charges, and taxes as specified in this Agreement when due. Guest pass packages and items available for purchase at our facility may be paid for by credit or debit card. Fees for all membership packages will be charged by way of a valid credit card entered into your account on the Platform at the time of sign-up, as further set out in your Membership Agreement.You authorize us to charge your credit or debit card, as applicable, for all amounts payable by you under this Agreement.

FEE ADJUSTMENTS

Unless otherwise set out in this Agreement, we may adjust our fees at our discretion at any time. For membership fees, we may change such fees upon giving you not less than thirty (30) days written notice prior to the membership renewal date mailed to the postal address or sent to the email address specified in your account, or such other address as you may subsequently notify to us. If you wish to terminate this Agreement as a result of any fee changes, you must notify Active Remedy Club as required under the section “Cancellations and Refunds”. Such cancellation must be received prior to the cancellation deadline for the current membership term. Except as specifically provided in this Agreement, a failure by you to make use of our facilities or Services will not result in a reduction of your fees payable under this Agreement.

CHANGES IN INFORMATION

You must promptly notify Active Remedy Club in writing, by mail or email, of any changes in your billing information, address, or telephone number.

PARAMEDICAL SERVICE PROVIDERS

The services of certain paramedical practitioners (including, but not limited to, chiropractors, physiotherapists, registered massage therapists and nurses) may be available at Active Remedy Club’s facilities. These services are offered by an independent third-party provider, and not Active Remedy Club. They do not form part of this Agreement or the Services. Active Remedy Club does not warrant or guarantee the quality of any services provided by any third-party and does not guarantee that such services will remain available to you.

CLUB GUIDELINES AND POLICES

You agree to comply with all Active Remedy Club policies and guidelines, including without limitation those outlined in our Club Guidelines and Policies, a copy of which can be found at: www.activeremedyclub.com/club-guidelines-and-policies. Active Remedy Club reserves the right to cancel, revoke or suspend your membership or pass or use of the Services or facilities for any violation of our policies, this Agreement or any other agreements or documents incorporated herein. From time to time, we may introduce new facilities or programs, available to our members or guests for an additional fee, make reasonable changes to the days and hours of operation or publish and amend our guidelines and policies.

PRIVACY

Active Remedy Club collects your personal information primarily for the purpose of providing you with the Services and access to the facilities contemplated by this Agreement. You acknowledge and agree that your use of the Services and facilities is subject to our Privacy Policy available at www.activeremedyclub.com/privacy-policy.

VIDEO SURVEILLANCE

You acknowledge that there may be surveillance cameras and closed-circuit televisions that monitor the facilities and/or equipment, and that the use of such surveillance equipment is at the sole discretion of Active Remedy Club.

REPRESENTATION

You represent and warrant to us that (a) all information supplied by you in this Agreement is true and (b) you are in good health and have no medical condition that will prevent the use of our facilities and Services or that will increase your risk of injury or harm should you use our facilities or Services. We recommend that you consult with your physician before using our facilities and Services.

MEDICAL DISCLAIMER

You acknowledge that Active Remedy Club has made no claims as to medical results that can or may be obtained through use of any Active Remedy Club Services or facilities. Active Remedy Club has neither suggested nor will it suggest any medical treatment to its members and other guests. Only licensed medical professionals are qualified to give medical advice.

OUR RIGHT OF CANCELLATION

We may cancel this Agreement at any time, for any reason, upon giving you not less than thirty (30) days prior written notice mailed to the postal address or sent to the email address specified, or such address as may be subsequently notified to us by you. Should Active Remedy Club, other than in circumstances contemplated under the section “Club Guidelines and Policies”, cancel this Agreement prior to expiration of the guest pass, guest pass package or membership that you purchased, a pro-rated portion of any pre-paid fees will be refunded to you reflecting the unused portion of any Services.

GENERAL

 

  • Prior to accessing or using our facilities and any Services, you must sign our Release of Liability, Waiver of Claims, and Assumption of Risks (the “Release and Waiver”). The Release and Waiver shall form part of this Agreement and shall be read and construed together with this Agreement. Active Remedy Club may, from time to time, update the Release and Waiver, and you may be required to sign the current Release and Waiver as a condition to you continuing to use our facilities and Services.

  • You acknowledge that this Agreement, the Release and Waiver and other forms or agreements completed at the same time as this Agreement or incorporated herein by reference, constitute the entire Agreement between you and us regarding your use of the Services and, if applicable, your membership, and that, other than as contained in this Agreement, neither we nor any of our representatives or employees have made any express or implied representations or warranties to induce you to enter into this Agreement (including, without limitation, that our programs, facilities, or advice have been or are approved by any medical authority).

  • Other than as expressly provided herein, neither you nor we may change this Agreement unless such changes are agreed to in writing and signed by both you and us. 

  • Your obligations under this Agreement are personal and may not be assigned or transferred except as provided hereunder. Active Remedy Club may assign all or any part of its rights and obligations under this Agreement to another person or company.

  • This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

 

CONTACTING US

If you have any questions or comments related to the Services, please contact us at:

info@activeremedyclub.com

113-171 East Liberty Street, Toronto, ON M6K 396