TERMS OF USE AND PRIVACY POLICY

TERMS OF USE

Your access to and use of the Innovative Fitness (“IF”, “we”, “us” or “our”) website and any services offered within it (“Service”) constitutes your acceptance of these Terms of Use and the following Privacy Policy (together, “Fine Print”). The Fine Print may be modified from time to time and it is your responsibility to check for updates.

NO CLIENT RELATIONSHIP OR PERSONAL HEALTH OR TRAINING RELATIONSHIP

The material posted on or provided by the Service is for general information only, and should not be taken as specific health and lifestyle advice. Your interaction with the Service does not give rise to a personal training coach-client, advisory, or fiduciary relationship or privilege. If you have a specific problem, please contact our Corporate Head Office.

NO LIABILITY

We assume no liability or responsibility for any errors or omissions in any content provided through the Service. Links to third party websites are provided as a convenience only, and are not an endorsement of their content or a representation as to their accuracy. Use of the Service is at your own risk and, subject to this Fine Print, the Service is provided on an “as is” and “as available” basis without any representations or warranties of any kind, express or implied.

COMMUNICATIONS NOT CONFIDENTIAL

Any communications or information exchanged through the Service or third party websites may not be confidential, and use of such communication mediums are at your own risk.

CANADIAN LAW APPLIES

The use of the Service and the interpretation of this Fine Print will be governed by the laws of British Columbia, Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts of British Columbia sitting at Vancouver in any action or proceeding related to the Service.

MEMBER GUIDELINES & INFORMATION

HEART RATE MONITOR

As part of our service all members are required to wear a heart rate monitor during every
sessions for your safety. These heart rate monitors can be purchased at Innovative Fitness or
another retailer ask your coach for more information.

CANCELLATION POLICY

There is a minimum 24-hour cancellation notice for any workout session Monday through Friday
and Saturday before 1:00pm (Sunday not being a business day). “No-show”, last minute
cancellations or last minute re-scheduled appointments will be charged the full amount for the
missed session. Exceptions to this rule will be dealt with on an individual basis and are at the
discretion of Innovative Fitness. (Please note that those customers providing adequate notice or
those granted an exception for a missed appointment can make up their credited time as long as
it falls within the period stated in the policy above).
If you are going to be away for any sessions, it is your responsibility to either call in or speak with
the receptionist directly, as the training coaches are not in charge of the scheduling. Either, speak
with the front desk, leave a voicemail message, e-mail your message or write down your requests
on the sheet provided at the front counter.
If you are late, be advised that the training coach will have to end the session at the normally
scheduled time. Please remember that the training coach is on a schedule.

SESSIONS ARE NON-TRANSFERABLE

Training packages purchased are to be used by that individual only.
Training Packages are non-transferable between members, facilities, non-refundable and must
be used within the specified time of purchase. Innovative Fitness has the right to refuse training
credits extending beyond the specified period and customers are advised to make sure to book
appointments during the recommended time period.

DOUBLES SESSIONS

“Doubles”: Should one partner cancel their appointment within the 24 hour cancellation period,
then the other partner will be billed a “singles” rate corresponding with the number of training
sessions per week that they are currently in (i.e. 2x per week, etc.). Should one partner not cancel
ahead of time within the stipulated 24-hour time period, then both partners will be billed as usual,
their doubles rate.

If you choose to train as a double, you may have only one double partner. It is the responsibility of
the partners to communicate between themselves if they are not going to make it to a session.
Innovative Fitness is not responsible for informing one partner if the other calls to cancel or
change their appointment.

DROP IN SESSIONS

“Drop-ins”: Any customer wishing to drop-in for sessions rather than committing to a package
must provide Innovative Fitness with their credit card number and will be billed accordingly in the
following month of your session.

INVOICING

All monthly invoices are to be pre-paid in advance by the 10th, and are billed according to your
commitment, and using an average 4-week month (i.e. 2x per week equals a monthly bill of 8
sessions).
A late payment charge of Bank Prime Rate + 2% monthly applies to the total amount overdue
when the unpaid amount extends beyond 30 days.
There is a $25.00 charge for all returned (NSF) cheques and pre-authorized payments.
Please note that should you change your weekly commitment for the current month after the 10th
of the month, your current monthly invoice will not be adjusted. The adjustment will be reflected
on your next invoice.

PERSONAL INFORMATION POLICY

OUR COMMITMENT

It is Innovative Fitness Consultants Inc.’s (“Innovative Fitness“), commitment to maintain the
principles of integrity and trust with respect to the protection of personal information. As part of
our commitment, Innovative Fitness will protect the privacy of personal information of employees,
customers, customers and other individuals whose personal information is in Innovative Fitness’
possession. Innovative Fitness is committed to complying with British Columbia’s and Alberta’s
Personal Information Protection Act (the “Act”) and all other applicable privacy laws.

DEFINITIONS

“business contact information” means information that enables an individual to be contacted at
work, including his/her name, title, business address, business telephone number, fax number,
and e-mail address.
“employee personal information” means personal information about an employee that is
collected, used, or disclosed, solely for the purposes reasonably required to establish, manage or
terminate an employment relationship, but does not include other personal information about the
employee.
“personal information” is information about an identifiable individual, but does not include
business contact information or work product information.
“work product information” means information prepared or collected by an individual or group of
individuals as part of their employment or business responsibilities or activities related to their
employment or business.

RESPONSIBILITY

Innovative Fitness is responsible for all personal information under its control, even if it is not in
its possession. Innovative Fitness has developed policies and procedures to deal with the proper
collection, use and disclosure of personal information.
Innovative Fitness has appointed the following person to act as its Personal Information Officer to
ensure that Innovative Fitness meets its personal information handling commitments.
Name Contact Information:
Priscilla Ho
Support Center
Phone: 604-629-6299; Fax: 604-714-1662
2080 West 10th Avenue, Vancouver, BC, V6J 2B3
Email:
To ensure that this Policy is up to date and complies with the Act, Innovative Fitness reserves the
right to make changes, which will become effective 30 days following Innovative Fitness providing
notice thereof.

PURPOSE

Innovative Fitness collects personal information strictly for internal purposes only, in order to
serve our customers, and update our customers on company information and promotions.

CONSENT

Innovative Fitness requires the consent of individuals to collect, use or disclose personal
information. Unless required by law or otherwise authorized by the Act, Innovative Fitness will not
use or disclose personal information already collected for other purposes unless it contains the
consent of the individual to whom it belongs. Generally, Innovative Fitness will seek consent to use
and disclose personal information at the same time as it collects the information.
Subject to contractual or legal arrangements, individuals may withdraw or refuse consent
provided that Innovative Fitness is given reasonable notice. Innovative Fitness will inform the
individual of the consequences of withdrawing the consent, if any.

COLLECTION

Innovative Fitness will only collect personal information for the purposes it has identified and that
are reasonable in the circumstances. Innovative Fitness will only collect personal information
through methods that are lawful, will not collect information indiscriminately and will try to collect
personal information directly from the individual concerned unless authorized by that individual to
collect it from a third party or otherwise as permitted by the Act.

USE, DISCLOSURE AND RETENTION

Innovative Fitness will only use or disclose personal information for the purpose(s) for which it
was collected.
Innovative Fitness may disclose the personal information to:
(i) a person who in the reasonable judgment of Innovative Fitness is seeking the
information as an agent of the individual;
(ii) a company or individual engaged by Innovative Fitness to perform functions on its
behalf, such as research or data processing;
(iii) a public authority or agent of a public authority, if in the reasonable judgment of
Innovative Fitness, it appears that there is imminent danger to life or property which
could be avoided or minimized by disclosure of the information; or
(iv) where the individual concerned consents to such disclosure or as required or
authorized by law.
Innovative Fitness may use and disclose employee personal information for a variety of purposes
related to commencing, managing or terminating the employment relationship.

Innovative Fitness will retain personal information only as long as necessary to fulfill the purposes
stated above, as required for legal or business purposes or as required by law. Subsequently,
Innovative Fitness will destroy, erase or make anonymous such information. However, Innovative
Fitness will retain for at least one-year personal information that has been used to make a
decision about a customer, customer or employee.

ACCURACY OF PERSONAL INFORMATION

Innovative Fitness will make reasonable efforts to ensure that personal information in its control
is accurate and complete. Individuals may request corrections to their personal information. If an
individual’s request for a correction is rejected by Innovative Fitness, Innovative Fitness will make
a notation of such request and rejection on the individual’s file or personal information.

SAFEGUARDING PERSONAL INFORMATION

Innovative Fitness will protect personal information in its control against risks of loss, theft,
unauthorized access, disclosure, copying use, modification or destruction by security safeguards
that are appropriate to the sensitivity and format of the information.

ACCESS

Upon reasonable written notice from an individual, Innovative Fitness will, within 30 days or such
longer period in the event Innovative Fitness obtains an extension, provide access to all his/her
personal information in Innovative Fitness’ possession and tell the individual what the information
is being used for and to whom it has been disclosed.
Innovative Fitness reserves the right to charge a reasonable fee for providing access to personal
information.
If Innovative Fitness refuses an individual’s request for access, Innovative Fitness will notify the
individual in writing, documenting the reason for refusal, the relevant provision of the Act on which
it relies and resources for redress available to the individual.

COMPLAINTS

An individual who has complaints about how his/her personal information is being handled by
Innovative Fitness may file a written complaint with Innovative Fitness’ Personal Information
Officer, Nelson Soh, at the contact address listed above. Such complaint must clearly state the
nature of the dispute and contain all necessary contact information for the complainant.
Innovative Fitness will acknowledge receipt of a complaint, investigate such complaint and notify
the complainant of the outcome of the complaint, including any relevant steps taken.

TERMS AND CONDITIONS

“I, hereon referred to as the “Payor” acknowledge that this Authorization is provided for the
benefit of the Payee (Innovative Fitness Kitsilano – hereon “Innovative Fitness”) and my financial
institution as is provided in the consideration of my financial institution agreeing to process debits
against my account in accordance with the Rules of the Canadian Payments Association.”
“I warrant and guarantee that all persons whose signatures are required to sign on this account
have signed this agreement.”

“I hereby authorize Innovative Fitness to draw on my account according to the Pre-authorized
Payment Authorization.”

“This Authorization may be cancelled at any time upon notice by the Payor. I acknowledge that, in
order to revoke Authorization, I must provide notice or revocation to Innovative Fitness.”
“I acknowledge that provision and delivery of the Authorization to Innovative Fitness constitutes
delivery by the Payor to The National Bank of Canada. Any delivery of this Authorization to you
constitutes delivery by the Payor.”

“I undertake to inform Innovative Fitness, in writing, of any change in the account information
provided by this Authorization 10 working days prior to the next due date of the Pre-authorized
Debit (PAD).”

“I acknowledge that The National Bank of Canada is not required to verify that a PAD has been
issued in accordance with the particulars of the Payor’s Authorization including, but not limited to,
the amount.”

“I acknowledge that The National Bank of Canada is not required to verify that any purpose of
payment for which the PAD was issued has been fulfilled by Innovative Fitness as a condition to
honoring a PAD issued or caused to be issued by Innovative Fitness on the Payor’s account.”
“Revocation of this Authorization does not terminate any contract for goods or services that exists
between the Payor and Innovative Fitness, the Payor’s Authorization applies only to the method of
payment and does not otherwise have any bearing on the contract for goods or services
exchanged.”

“A PAD may be disputed by a Payor under the following conditions:
1) the PAD was not drawn in accordance with the Payor’s Authorization; or
2) the Authorization was revoked; or
3) pre-notification was not received.”

“The Payor, in order to be reimbursed, acknowledges that a declaration to the effect that either
(1), (2) or (3) took place, must be completed and presented to the branch of the Processing
Institution holding the Payor’s account up to and including 90 calendar days in the case of a
personal household PAD (or up to and including 10 business days in the case of a business PAD),
after the date on which the PAD in dispute was posted to the Payor’s account.”

“The Payor acknowledges that a claim on the basis that the Payor’s Authorization was revoked, or
any other reason, is a matter to be resolved solely between the Payee and the Payor when
disputing a PAD after 90 calendar days in the case of a personal/ household PAD (or 10 business
days in the case of a business PAD).”