TERMS OF SERVICE AND WAIVER OF LIABILITY: Group Training

Service Provider: Melrose Training Inc.
Contact: hello@melrosetraining.ca

Virtual Mailbox #415, 2525 St. Clair Ave W, Toronto ON M6N 4Z5

Last updated: June 11, 2025

ALL PARTICIPANTS MUST READ AND AGREE TO THIS FORM

You (the “Participant”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, or Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be enrolled in the Fitness Training Activities, inclusive of any ‘pop-up’ events, group training, online group training, online group training recordings, or other in-person events (the “Training Services”, or “Activities”) with MELROSE Training Inc. (the “Trainer”) and any contractor, employee, or team member delivering services on behalf of or in connection with the Trainer. You hereby understand that you are entering into a legally binding Agreement with the Trainer and are subject to the following terms and conditions.

In addition to this form, the Client must also agree to the Terms & Conditions outlined on our website. Please review and agree to these terms here: https://www.melrosetraining.ca/terms-and-conditions

This Agreement is between the Trainer and the Participant.

1. PARTICIPANT RESPONSIBILITY

1.1 The Participant is responsible for attending any purchased Training Services on time, prepared, and with any accompanying equipment as directed by the Trainer (inclusive of athletic clothing).

1.2 The Participant agrees to follow all instructions oral, written or otherwise provided by the Trainer or an authorized third-party Trainer to ensure a safe environment for the Activities.

2. VENUE

2.1 The Training Services will be provided in person at a designated location by the Trainer. The Participant agrees to be in compliance with all rules and regulations as set out by the prescribed venue.

3. PURCHASE PRICE AND TERMS OF PAYMENT

3.1 Purchase Price: The appropriate payment amount will be reflected upon checkout. The Participant understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. The Participant will be liable for all of the payments regardless of whether the Participant continues to participate in the Training Services or not. If the Participant does not submit payment as required, they will not be enrolled in the session and will not be allowed to participate.

3.2 Payment Method: The Trainer accepts payment methods indicated on the checkout page and payment must be made in full. It is the Participant’s responsibility to ensure payment is made on time. In the event payment is not made on time or the Participant initiates a credit-card chargeback or challenge, the Participant understands that any delay in payments or chargeback proceedings may result in the Trainer engaging a Debt Recovery Mercantile Agency or a Solicitor to recover the outstanding amount due and all applicable collection costs.

3.3 Refund Policy: The Participant understands that any Activities purchased are non-transferrable, final sale and are not eligible for any refund under any circumstance, be it known or unknown now or in the future. The Participant further agrees and understands that changing their mind about the Training Services, failing to complete, follow through, or understand the details of the Training Services, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.

3.4 Membership Management: The client acknowledges and agrees that they are solely responsible for managing any virtual program(s) membership(s) and associated trial period(s) with the Trainer. This responsibility includes, but is not limited to, adjusting their plan and canceling their membership if desired. The client must take these actions within the stipulated guidelines and timelines. The Trainer is not liable for any oversight, error, or inaction on the part of the client in managing their membership.

4. SCHEDULING

4.1 The Training Services will take place on the date as outlined at checkout or as otherwise notified to the Participant. Due to the group nature of the Training Services, the Participant will not be able to reschedule the Activities. Failure to attend the scheduled Training Services will result in forfeiture of the Activities.

5. TERMINATION

5.1. For any pre-purchased Activities, termination of this Agreement can occur without the necessity of providing notice.

5.2 The Trainer further retains the right to and may limit, suspend, or terminate the Participant’s access to the Training Services, without refund if the Participant (i) becomes disruptive within the Sessions, or difficult to work with, (ii) engages in any racist, homophobic or sexist commentary, (iii) fails to follow program guidelines, (iv) is found to harass the Trainer and/or other Participants in the Training Services, (v) or is negatively speaking about the Activities offered by the Trainer in public forums without prior consultation with the Trainer. The Participant understands that any money owing to the Trainer at the time of Termination will become due at the effective date of Termination, and any money paid for the attendance in Activities will not be eligible for a refund.

5.3 The Trainer may terminate the Training Services at any time by providing the Participant with written notice. For Training Sessions rescheduled or terminated as a result of the Trainer, the Trainer will notify the Participant of the rescheduled Training Services time. If the Participant is unable to attend the rescheduled Training Services time, the Trainer may provide the Participant with a credit to use towards a future Training Service, subject to Trainer availability and Training Services attendance size.

6. MEDIA RELEASE

6.1 The Participant hereby grants full permission to the Trainer to photograph, and/or record the related activities in which they are participating as outlined in this Agreement. The Participant acknowledges that the Trainer may use the photographs, motion pictures, videotapes, recording or any other record of the Participant’s participation in any related activities for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Participant hereby releases the Trainer from all claims in which the Participant may have now or in the future for compensation of any kind arising out of the Participant’s participation in said Media and acknowledges all such Media to be the exclusive property of the Trainer. The Participant shall not under any circumstances use the Media for any other purpose than for the benefit of the Trainer.

7. PAR-Q

7.1 7.1 The Participant may is required to confirm their exercise clearance as per a Physical Activity Readiness Questionnaire (PAR-Q) form in order to participate in the Activities. As such, the Participant represents and warrants that they have provided accurate information and complete disclosure of their medical history and physical condition and that the information provided is true and correct. Should any information provided change at any time throughout the Training Services, the Participant must notify the Trainer immediately via written notice to: hello@melrosetraining.ca.

8. PRIVACY GUIDELINES

8.1 The Participant understands and acknowledges that while the Trainer will take commercially reasonable measures to protect the confidentiality of the Participant’s information, the Trainer cannot guarantee the safekeeping, housing, and security of the Participant's personal information. For clarity of this section, the Participant understands that sending any personal information and/ or health information via email, online video communication, or through social media may not be secure. The Participant is encouraged to exercise caution when sharing personal information through email and social media. For further information on how Participant personal information is stored, the Participant is encouraged to review the Trainer’s Privacy Policy.

8.2 The Participant further understands that due to the group nature of the Training Services, the Trainer cannot guarantee the privacy or confidentiality of the Participant during the Training Services.

9. LOSS OF ITEMS

9.1 In consideration of being permitted to participate in the Training Services with the Trainer, the Participant is encouraged to mind all belongings, and agrees to assume full responsibility over lost or stolen items while in attendance at each Training Services. The Trainer shall not be held liable, nor be responsible, for lost or stolen items immediately before, during or after the Training Services.

10. EVENT PARTNERSHIPS

10.1 The Participant understands and acknowledges that the Trainer is not affiliated with any third-party brands involved in providing gifted items, giveaways, products, food, snacks, or beverages during the event. These partnerships are for promotional purposes only, and the Trainer neither endorses nor assumes responsibility for any products, services, or consumables provided by these external entities.

10.2 The Participant understands and agrees that in order to be eligible to receive any gifted items, promotional giveaways, or participate in post-class snacks and refreshments, the Participant must be present for the full duration of the event. The Trainer does not offer the option to collect goodie bags, giveaways, or other items before or after the Activity. If the participant is unable to attend or stay for the entirety of the Activity, they acknowledge that they forfeit their entitlement to these items and provisions.

WAIVER OF LIABILITY AND RELEASE

In consideration for your participation in the Training Services, the Participant confirms they have carefully read and fully understand the following terms.

This Agreement releases any liability and assumes all risks associated with the Participant's participation in the Training Services and related activities. The Participant fully understands there is an inherent level of risk of physical and/or physiological injury that may present itself throughout the Training Services, whether known or unknown, and the Participant fully assumes those risks involved. These risks include but are not limited to, potential negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment, physical and strenuous exertion, minor injuries, such as scratches, bruises and sprains, slips, falls, joint or back injuries, broken bones, concussions, loss of eyesight, fainting, or catastrophic injuries such as heart attacks, paralysis and/ or death.
The Participant has freely and voluntarily chosen to participate in the Training Services and understands that depending on the nature of the Training Services, a certain level of fitness may be required. The Participant represents and warrants that they are in good physical condition and have no medical condition, consideration, and or/allergies that would prevent and/ or limit their full participation in the Training Services. The Participant is responsible to go at their own pace, respecting their own personal limitations in any activity and be sufficiently self-aware to stop any physical activity prior to becoming ill, and/or injured.
The Participant understands that it is their responsibility to consult with a physician prior to, and in regard to, their participation in the Training Services with the Trainer.

4. For pregnant Client(s), The Client understands that Activities provided by the Trainer are not intended for individuals who are pregnant. The Client understands that while the Trainer, or an instructor employed by the Trainer, may be certified to provide training to prenatal or otherwise pregnant clients, the Client remains responsible for consulting their physician or other healthcare provider prior to and throughout their participation in the Activities with the Trainer. Upon request, the Trainer may provide guidance and alternate exercises as part of the Activities, however, the full responsibility shall remain with the Client to ensure they are physically able to participate in such activities and will make accommodations as necessary. The Client further understands that they are solely responsible for their own care and wellbeing, and the care of their pregnancy during the Activities. The Client hereby releases, indemnifies, and holds harmless the Trainer or their affiliates, franchisees, respective representatives, directors, officers, agents, employees, and/or contractors, inclusive of, fitness instructors and staff members, from any and all claims, liabilities, damages, or injuries, including those related to the Client, the health of the pregnancy, the unborn child of the Client, or any other risks that may be present, either now or in the future, arising from or in connection with the Client’s participation in the Activities while pregnant.

5. The Participant hereby certifies that they have not been made aware of any (a) physical or medical, condition which would prevent them from properly and safely participating in the Activities, (b) have not been instructed by a physician to avoid physical activity and/or exercise, and (c) if they have consulted a physician, have taken the requisite advisement to ensure their state of wellness to participate in the Activities.

6. The Participant further understands that the Trainer is relying solely on the information provided to them by the Participant, regarding their medical history and physical condition, and their claims that the Participant is cleared to participate in physical activities. At no time will the Trainer be responsible for contacting, or communicating with the Participants health care providers.

7. The Participant further agrees to observe and obey all posted and spoken rules, warnings and oral instructions provided by the Trainer in relation to the Training Services. If, however, the Participant observes any unusual hazards, the Participant understands it is their responsibility to remove themselves and bring any such attention to the Trainer.

8. The Participant understands this release of liability extends to any locations selected by either the Participant, the Trainer or any staff of the Trainer that may present any inherent risk, hazards, and/ or danger whether known or unknown at the time of the Training Services.

9. The Participant is aware that this is a release of liability and knowingly, voluntarily and expressly waives any claim they may have against the Trainer for injury or damages that they may sustain as a result of participation in the Training Services with the Trainer or in connection with any instruction from the Trainer, all of their affiliates, franchisees, respective representatives, directors, officers, agents, employees, and/or contractors, inclusive of, fitness instructors and staff members (the “Released Parties”). For clarity of this section, claims include and are not limited to any and all liabilities, claims demands, legal actions, rights of actions for damages, costs procedures, personal injury or death in connection with the Participants participation in the Training Services.

10. The Participant further understands they are waiving certain legal rights and agree to be forever prevented from suing or otherwise claiming against the Trainer and its for any personal injury that they may sustain during their participation in the Training Services.

GENERAL

11. Severability: If any provision of this waiver of liability is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Force Majeure: Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Training Services, such as: an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation); or other act (inclusive of hostility, war, invasion); or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

13. Jurisdiction: This Agreement will be governed and construed in accordance with the law of the Province of Ontario without regard to its conflict of law provisions. Any disputes and/or proceedings arising from this Agreement shall take place within the City of Toronto.

14. Contact: If you have any questions about these Terms, please contact us at: hello@melrosetraining.ca.

The Participant has read, understands, and fully agrees to the terms of this Agreement. The Participant understands and confirms that by selecting “I Agree”, signing the Waiver, or otherwise electronically providing acceptance, this will be considered a firm acknowledgment and signing under The Personal Information Protection and Electronic Documents Act (PIPEDA) to the Agreement they have waived considerable future legal rights. The Participant expressly agrees to indemnify, release and discharge Melrose Training Inc., and the Release Parties from any liability, including but not limited to liability arising from the negligence or fault of the entities, or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur. The Participant has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to them. Clicking the payment button, entering your credit card and/or debit card information, making a cash, or Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, is proof of the Participant’s intentions to execute a completed and unconditional Waiver and release of all liability to the full extent of the law.