Terms of Use

Account — Your personal Fittopia member account at account.fittopia.ca.

Fittopia, we, us, our — Fittopia Group, operating Fittopia Fitness Center (7951 Alderbridge Way, Unit 155, Richmond, BC V6X 2A4) and Fittopia Wellness Studio (4940 No. 3 Rd, Unit 122, Richmond, BC V6X 3A5).

Member, you, your — The individual who creates and holds an Account.

Services — All digital services and features provided through Fittopia's websites and applications, including account creation, sign-in, viewing visit and invoice history, purchasing day passes and personal training, managing membership status, and receiving notifications.

Membership — Your physical access privileges to Fittopia locations under a separate signed agreement.

Personal Information — Information about an identifiable individual, as defined under BC's Personal Information Protection Act (PIPA) and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

You may create an Account if you are at least 19 years of age (the age of majority in British Columbia), or at least 16 years of age with verified parent or legal guardian consent provided through Fittopia's waiver process, and you are legally capable of entering into a binding contract under the laws of British Columbia and Canada.

If you are 16 or 17, your Account may be created only after a parent or legal guardian has provided express consent through Fittopia's documented waiver verification process.

Children under 16 may not create an Account or use the Services independently. Fittopia does not knowingly collect Personal Information from children under 13.

By creating an Account, you represent and warrant that all eligibility criteria are met. We reserve the right to terminate any Account where eligibility cannot be verified or where information provided is false, inaccurate, or misleading.

Information You Provide To create an Account, you must provide a valid email address that you control, a valid mobile telephone number, your legal first and last name, and affirmative agreement to these Terms and the Privacy Policy.

You agree all information is accurate, current, and complete, and that you will promptly update your Account if any of it changes.

One Account per Person You may hold only one active Account. Creating multiple Accounts to evade restrictions, abuse promotions, or share access is grounds for immediate termination of all related Accounts.

Authentication The Services use passwordless authentication via single-use email links and SMS verification codes. You are responsible for maintaining the security of the email account and mobile phone number associated with your Account.

You must not share sign-in links or verification codes, allow any other person to log in to your Account, use another person's Account without their consent, or attempt to circumvent security features.

Notification of Unauthorized Access Notify us immediately at [email protected] if you suspect unauthorized access, if your email or mobile phone is compromised, or if you receive a sign-in link you did not request.

Account Recovery If you lose access to both your email and your mobile phone, recovery requires in-person identity verification at a Fittopia location with valid government-issued photo identification.

Step-Up Verification For sensitive actions including changing your payment method, freezing or cancelling a membership, changing the email or phone number associated with your Account, or deleting your Account, we require a fresh one-time verification code regardless of whether you are otherwise signed in.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not: - Use the Services to violate any law, regulation, or third-party right - Attempt to gain unauthorized access to the Services or other Accounts - Use any automated system to access or extract data from the Services - Probe, scan, or test the vulnerability of the Services or breach any security measures - Reverse engineer, decompile, or disassemble any portion of the Services - Submit false, misleading, defamatory, harassing, threatening, or unlawful content - Impersonate another person or misrepresent your affiliation with any person or entity - Send unsolicited or unauthorized advertising, promotional materials, or spam - Introduce viruses, malware, or other malicious code - Interfere with the proper operation of the Services or the experience of other members - Use the Services in any way that could damage, disable, or overburden our infrastructure

Fittopia may investigate suspected violations and take any action it deems appropriate, including suspending or terminating Accounts and cooperating with law enforcement.

The Services let you view your visit and check-in history at Fittopia locations, view invoices and payment history for digital purchases, purchase day passes and personal training packages, manage subscription status where applicable, and receive email and SMS notifications about your Account and sessions.

Some features are provided through third-party platforms including Stripe for payments, Twilio for SMS, Resend for email, Vagaro and Mariana Tek for class booking, ABC Fitness for membership management, and Jane App for healthcare booking. Your use of those features may be subject to the third party's own terms.

Fittopia may at any time add, modify, or remove features, change pricing for digital products with notice as required by law, change or discontinue third-party integrations, and modify the appearance, layout, or technical infrastructure of the Services. We will provide reasonable advance notice for material changes that affect your active subscriptions or recurring billing.

Prices All prices are displayed in Canadian Dollars and are inclusive of 5% Goods and Services Tax unless stated otherwise. Receipts itemize the GST component (Fittopia Fitness Center GST 784613705, Fittopia Wellness Studio GST 740474622).

Payment Methods The Services accept payments through Stripe, our third-party payment processor. By providing payment information you authorize Fittopia, through Stripe, to charge the applicable amount to your chosen payment method.

Fittopia does not store full payment card numbers. Card information is tokenized and held by Stripe in accordance with PCI-DSS standards. We retain only a reference identifier and the last four digits.

Subscriptions and Recurring Billing For recurring products including monthly memberships and the PT Pass weekly subscription, you authorize Fittopia, through Stripe or ABC Fitness as applicable, to charge your payment method on each billing cycle. Subscriptions automatically renew until cancelled in accordance with the applicable agreement. Cancellation stops future renewals but does not entitle you to a refund of the current period unless required by law.

Failed Payments If a payment fails we may retry using standard dunning intervals, notify you by email or SMS, suspend access to the affected services, and after repeated failures cancel the subscription.

Disputed Charges If you believe a charge is incorrect, contact us at [email protected] within 30 days. We will investigate in good faith. Initiating a chargeback through your bank without first contacting us may, at our discretion, result in suspension of your Account pending resolution.

General Policy All sales are final unless refunds are required by law, including BC's Business Practices and Consumer Protection Act, a specific refund right is granted in these Terms or in a product-specific agreement, or Fittopia at its sole discretion elects to issue a refund.

Cooling-Off Period for Continuing Services Contracts Under BC's Business Practices and Consumer Protection Act, you have the right to cancel a continuing services contract such as a gym membership within 10 days of receiving a copy of the contract, for any reason, with a full refund of any payments made. This right is administered through your underlying membership agreement.

Product-Specific Refunds - Day pass single visit: refundable up to 7 days after purchase if unused. Non-refundable once redeemed. - Day pass multi-visit pack (5, 10, 20): refundable for the value of unredeemed visits up to 14 days after purchase. Pro-rated after 14 days at Fittopia's discretion. - Day pass unlimited (3, 7, 14, 30, 60-day): refundable up to 7 days after purchase if not activated. Non-refundable once activated. - Personal training package: refundable for the value of unused sessions, less a reasonable administrative fee, up to 30 days after purchase. After 30 days, package value applies on a per-session basis and is non-refundable. - Trial PT session: non-refundable once booked. Rescheduling permitted with at least 24-hour notice. - Monthly PT Pass subscription: cancel anytime. Cancellation effective end of current billing cycle. No refund of current cycle. - Studio classes and private Pilates: refund and cancellation governed by booking-platform terms.

Refund Method Refunds are issued to the original payment method. Allow 5-10 business days for the refund to appear on your statement, depending on your card issuer.

Promotional and Complimentary Items Promotional codes, complimentary passes, and vouchers are non-refundable, have no cash value, and are personal to the recipient.

The Services allow Members with active Fittopia Fitness Center memberships to request hold, freeze, or cancellation actions on their membership through the Account interface. These actions are subject to the terms of your underlying membership agreement.

Hold and Freeze You may request to place your membership on hold for medical, travel, or personal reasons, subject to minimum and maximum hold durations as set out in your membership agreement, any administrative fees that apply, and a maximum number of hold requests per calendar year. Approval is not guaranteed.

Cancellation You may cancel your membership in accordance with the cancellation terms of your membership agreement, including any required notice period (typically 30 days) and any early-termination fees that may apply. Requesting cancellation initiates the process; final cancellation is confirmed by Fittopia in writing.

The availability of digital hold, freeze, and cancellation features does not waive any term of your underlying membership agreement.

By creating an Account, you consent to receive from Fittopia by email and SMS:

Transactional communications including receipts, booking confirmations, sign-in links, verification codes, payment notifications, hold and cancellation confirmations, appointment reminders, and security alerts. These are necessary to operate your Account and cannot be opted out of without closing your Account.

Service communications including updates about features, scheduled maintenance, changes to these Terms or to the Privacy Policy, and important notices. You may opt out of non-essential service communications.

Marketing communications including promotional offers, news about classes, programs, or events, and surveys. These require your express opt-in consent. You may unsubscribe at any time using the link in any marketing email, by replying STOP to any marketing SMS, or by updating your Account preferences.

Marketing communications are sent in accordance with Canada's Anti-Spam Legislation. SMS messaging rates may apply through your mobile carrier.

Your use of the Services is governed by the Fittopia Privacy Policy at fittopia.ca/privacy-policy. The Privacy Policy explains what Personal Information we collect, how we use, share, retain, and protect it, your rights under BC PIPA and the federal PIPEDA, how to request access, correction, or deletion of your Personal Information, and how to file a complaint.

By creating an Account, you acknowledge that you have read and understood the Privacy Policy.

If you exercise your right to request deletion of your Personal Information, Fittopia will delete your Account and associated data, subject to legal record-keeping obligations such as financial transaction records required to be retained under tax law and waiver records required for the statutory limitation period.

Fittopia Content All content displayed through the Services that is not provided by you, including text, graphics, logos, icons, images, software, designs, the Fittopia, Fittopia Fitness Center, and Fittopia Wellness Studio names and marks, and the look and feel of the Services, is owned by or licensed to Fittopia and is protected by Canadian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

You may not copy, reproduce, modify, or create derivative works of Fittopia content, use Fittopia trademarks or branding without prior written consent, frame, mirror, or scrape the Services, or use the Services or any output derived from them to develop, train, or improve any artificial intelligence or machine learning system without express authorization.

Your Content If you submit any content through the Services including feedback, reviews, profile information, or photos, you retain ownership but grant Fittopia a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, display, and distribute that content in connection with operating, promoting, and improving the Services. You represent that you own or have the rights to grant that license.

By You You may close your Account at any time by using the Account closure option in your settings or by emailing [email protected]. Closing your Account stops new logins and removes your access to the digital Services. It does not automatically cancel any active membership, subscription, or scheduled appointment.

By Fittopia Fittopia may suspend or terminate your Account, with or without notice, if you breach these Terms or any other Fittopia agreement, your conduct creates a risk of harm or legal exposure to Fittopia or its members, your Account or behaviour is suspected of fraud or unlawful activity, we are required to do so by law, or we discontinue the Services. We will provide notice and an opportunity to remedy where reasonable; immediate termination is reserved for serious breaches and safety risks.

Effect of Termination Upon termination your right to access the Services ends, active digital products with remaining value may be honoured at Fittopia's discretion, any outstanding payment obligations survive, and provisions that by their nature should survive termination (including liability limitations, indemnification, and dispute resolution) survive.

As-Is Basis The Services are provided as is and as available, without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. Fittopia does not warrant that the Services will be uninterrupted, error-free, or secure, that the information displayed will always be accurate, that defects will be corrected, or that files or transmissions will be free of viruses.

No Medical, Legal, or Financial Advice Information provided through the Services is for general informational purposes only. Always consult a qualified professional before acting on information related to your health, finances, or legal matters.

Third-Party Services Fittopia is not responsible for the availability, accuracy, content, or practices of third-party services. Your use of those services is governed by their own terms.

Limitation of Liability To the maximum extent permitted by law, in no event will Fittopia be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, revenue, data, business opportunity, or goodwill, damages arising from your inability to access or use the Services, damages arising from unauthorized access to or alteration of your Account, or damages arising from any third-party conduct on or through the Services.

Fittopia's total cumulative liability under these Terms shall not exceed the greater of the total amount you have paid Fittopia for digital Services in the twelve months immediately preceding the event giving rise to the claim, or one hundred Canadian Dollars. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law.

Physical-Presence Risks Risks arising from your physical presence at a Fittopia location are governed by your signed waiver and the underlying membership agreement, not by these Terms.

You agree to indemnify, defend, and hold harmless Fittopia, its affiliates, officers, directors, employees, contractors, and agents from and against any claim, demand, liability, loss, damage, cost, or expense (including reasonable legal fees) arising out of or related to your breach of these Terms or any other Fittopia agreement, your misuse of the Services, your violation of any law or third-party right, or content you submit through the Services.

Fittopia reserves the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you will cooperate with Fittopia's defence at your own expense.

Fittopia may modify these Terms from time to time. When we do, we will update the Version and Last Updated dates, post a notice in your Account or email you at least 14 days before material changes take effect, and publish non-material changes (typos, clarifications, updated contact details) without notice.

Material changes include changes to payment terms, refund policy, limitation of liability, dispute resolution, or scope of services. If you do not agree to a material change, you may close your Account before the change takes effect; continued use of the Services after a change takes effect constitutes acceptance.

The version your Account is bound by is the version that was in effect at your last login or most recent affirmative acceptance, whichever is later.

Governing Law These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws principles.

Jurisdiction You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in Richmond, British Columbia.

Informal Resolution Before filing any formal claim, you agree to first attempt to resolve the dispute informally by contacting Fittopia at [email protected] with a description of the issue, the relief sought, and your contact information. We will respond within 30 days. If unresolved within 60 days of your initial notice, either party may proceed to formal resolution.

Class Action Waiver To the maximum extent permitted by law, you agree that any claim against Fittopia will be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Time Limit Any claim arising out of or relating to these Terms or the Services must be filed within one year after the cause of action arose, except where a longer period is required by applicable law.

Entire Agreement These Terms, together with the Privacy Policy and any product-specific agreements you enter into, constitute the entire agreement between you and Fittopia with respect to the Services and supersede all prior communications, proposals, and agreements.

Severability If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

No Waiver Fittopia's failure to enforce any right or provision is not a waiver of that right or provision. No waiver is effective unless in writing and signed by an authorized representative of Fittopia.

Assignment You may not assign or transfer your Account or your rights under these Terms without Fittopia's prior written consent. Fittopia may assign these Terms in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets.

Independent Parties No agency, partnership, joint venture, employment, or fiduciary relationship is created by these Terms.

Force Majeure Fittopia is not liable for any failure or delay in performance caused by events outside its reasonable control, including natural disasters, fires, floods, pandemics or public-health emergencies, acts of government, labour disputes, network or utility outages, third-party service failures, or cyberattacks.

Bilingual Considerations These Terms are written in English. In the event of conflict between the English version and any translation, the English version controls. If you reside in Quebec, you confirm that you have expressly requested that these Terms be drafted in English. Si vous résidez au Québec, vous confirmez avoir expressément demandé que ces conditions d'utilisation soient rédigées en anglais.

Questions, notices, or complaints regarding these Terms or the Services:

Fittopia Group 7951 Alderbridge Way, Unit 155 Richmond, BC V6X 2A4 Canada

Email: [email protected] Phone (Fitness Center): (236) 454-6868 Phone (Wellness Studio): (604) 304-7779

Privacy inquiries: [email protected] (Subject: Privacy Inquiry)