Waiver/Contract

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!

 

 

MBS FITNESS INC.

Personal Training Contract & Non-Solicitation Terms

This Contract is entered into between MBS Fitness Inc. (the “Company”) and the undersigned individual (the “Client”) for the provision of personal training services at the Company’s facilities located at 7887 Weston Road, Units 13, 14, and 15, Vaughan, Ontario.

1. PERSONAL TRAINING SERVICES

The Company agrees to provide personal training services to the Client. The assignment of trainers and session scheduling will be coordinated following execution of this Contract.

2. SESSIONS & FEES

The Client agrees to purchase personal training services as follows:

Monthly payments are to be made automatically through the payment method provided by the Client. Sessions do not carry over to the next month unless expressly approved in writing by management.

3. CANCELLATION POLICY

The Client must provide a minimum of one (1) hour’s notice prior to canceling a scheduled training session. Cancellations with less than one hour’s notice may result in the session being forfeited without refund, at the discretion of the Company.

4. EMERGENCY CONTACT

In the event of a medical emergency, the Client authorizes the Company to contact the following:

5. NO REFUNDS

All session purchases are final. The Company does not issue refunds for unused sessions, missed appointments, or early contract termination.

6. SESSION EXPIRY

Sessions must be used within 60 days of purchase, unless otherwise approved in writing. Expired sessions may be forfeited without compensation.

7. NON-TRANSFERABILITY

Sessions and contracts are non-transferable and may not be shared or reassigned to another person without written consent from the Company.

8. COMMUNICATION POLICY

Clients must communicate through approved channels. Trainers are not obligated to respond outside regular business hours or via personal contact methods.

9. MEDICAL CLEARANCE

The Client affirms that they are medically fit for physical activity or assumes full responsibility for participating without formal medical clearance.

10. LATE ARRIVAL POLICY

Sessions begin and end on time. If the Client is late, the session will still end at the scheduled time and will not be extended or rescheduled.

11. PHOTO & VIDEO CONSENT

Unless otherwise indicated in writing, the Client grants MBS Fitness Inc. permission to capture and use photos or video footage for marketing purposes.

12. CLIENT RESPONSIBILITIES

The Client agrees to:

 

  • Abide by all policies and instructions set by the Company and its trainers;
  • Arrive punctually and prepared for each session;
  • Notify the Company of any relevant health changes that may affect participation.

13. NON-SOLICITATION CLAUSE

The Client agrees that during the term of this Contract and for a period of twelve (12) months following the termination of this Contract, they shall not directly or indirectly solicit, hire, or engage any trainer, employee, or contractor affiliated with MBS Fitness Inc. for personal training or fitness-related services outside of the Company’s premises, without prior written authorization from the Company.

Violation of this clause may result in legal action and/or termination of services without refund.

14. TERMINATION OF CONTRACT

This Contract may be terminated by either party with seven (7) days’ written notice. All unused or prepaid sessions are non-refundable unless otherwise agreed to in writing by the Company.

15. BEHAVIOUR & CONDUCT

The Client agrees to maintain respectful and appropriate behavior toward trainers, staff, and other clients. Disruptive or inappropriate behavior may result in suspension or termination of services without refund.

16. EQUIPMENT USAGE

Clients must follow safety instructions for all equipment and report any malfunctions to staff immediately. Misuse or intentional damage may result in financial liability or suspension.

17. ASSUMPTION OF RESPONSIBILITY

Clients understand and accept that participation in physical activity involves inherent risks. The Company is not liable for injuries sustained unless due to gross negligence.

18. INTELLECTUAL PROPERTY

Any training materials, programs, or documents provided by MBS Fitness Inc. remain the intellectual property of the Company and may not be duplicated, shared, or distributed without permission.

19. FORCE MAJEURE

The Company is not liable for delays or service interruptions due to circumstances beyond its control (e.g., natural disasters, pandemics, government restrictions). Sessions may be rescheduled or delivered virtually at the Company’s discretion.

20. SUCCESS DISCLAIMER

The Company does not guarantee specific fitness outcomes. Results depend on many factors including the Client’s adherence to training, nutrition, and recovery practices.

21. ENTIRE AGREEMENT

This Contract constitutes the entire agreement between the Client and the Company with respect to the provision of personal training services. Any amendments must be made in writing and signed by both parties.

22. GOVERNING LAW

This Contract shall be governed by the laws of the Province of Ontario. Any disputes shall be resolved in the courts of Ontario, which shall have exclusive jurisdiction.

23. ACKNOWLEDGMENT & SIGNATURE

By signing below, the Client confirms they have read, understood, and agreed to be legally bound by the terms of this Contract.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.

EMERGENCY CONTACT

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