Terms & Conditions

MEMBERSHIP DURATION
ALL powerhaus memberships have a minimum commitment of 12 weeks unless otherwise noted. After the initial commitment period, your membership will continue on the payment frequency you selected on a month-to-month basis. Please consult the cancellation policy below for details.

AUTO-RENEWAL
Upon expiry of the initial commitment time as per the above table, the Membership shall auto-renew under the same terms, conditions, and payment frequency you agreed to. This contract shall continue to auto-renew until canceled, in compliance with our cancellation policy below.

CANCELLATION POLICY
After your initial commitment time, class memberships can be canceled by submitting a written cancellation notification to info@powerhausottawa.com. Any payments due within 28 days of receipt of your cancellation request will be charged as scheduled, but no further payments will be processed. You have 28 days from the effective date of your cancellation to access the remainder of your services. Cancellation requests will not be processed unless the cancellation is submitted in writing.

MEMBERSHIP UPGRADES
You can upgrade your membership to take effect for the next billing cycle. Send us an email at info@powerhausottawa.com or speak to our customer service representative to administer your upgrade.

SUBSCRIPTION DOWNGRADES
You can downgrade your membership in writing to info@powerhausottawa.com once your minimum commitment period has been fulfilled (as outlined above). The downgrade will take place at the end of your current billing cycle. You will retain access to your current membership tier until the end of the billing cycle.

CLASS CREDIT PACKAGE/ CLASS PACKAGE REDEMPTION
Your class credits/ packages can be applied for access to powerhaus classes with a 7 day in advance booking window. Your class credits/ packages do not expire. Your class credits/ packages are non-refundable. Late cancellation and No Show Fees apply to every booking. Please note that these Sessions/Credits can not be redeemed for monetary value after purchase. You agree to be fully liable and responsible for payment of the services with or without the completion of the service allowed.

PERSONAL/PARTNER/SMALL GROUP TRAINING SESSIONS/CREDITS REDEMPTION
By purchasing these sessions, you agree to the payment terms and understand that if you purchase sessions in installments, you are responsible for every payment agreed to under this training option. These credits are non-refundable after purchase and cannot be shared due to the personalized nature of the service. Please note that these Sessions/Credits can not be redeemed for monetary value after purchase. You understand that you are fully liable and responsible for payment of the services with or without the completion of the service allowed.

LATE CANCELLATION POLICY
Class Memberships: Please note that due to the limited availability of spots in each class we require a minimum of 8 hours notice prior to the class start time to cancel any class booking. If you fail to cancel within 8 hours or do not show for a class, you will be charged a $15 late cancellation fee. The fee is waived for medical reasons or emergencies. Please be respectful by showing up to all classes you register for or early cancelling your attendance at least 8 hours in advance.
Personal/Small Group/Class Credits: All cancellations must be received at least 24 hours in advance or you will forfeit your session/class.

NO SHOW POLICY
If you do not show to a class that you are scheduled for, a $20 No Show Fee will apply if you used a membership to book the class. If you do not show to a class that you are scheduled for using a Class credit, you will lose the class credit. By scheduling a class you agree to this. If you do not show for a Personal Training session, you will forfeit your session. By scheduling a session you agree to this.

MEMBERSHIP FREEZES/HOLDS
A member has the option to freeze their membership for a minimum of 7 days to a maximum of 28 days per 12-month period. While your membership is frozen you will not be charged a monthly fee and you will not receive member benefits and services. A minimum of 5 days notice in advance of the requested freeze date must be given to allow appropriate processing time. Once your membership reaches the unfreeze date, your regular membership billing will resume at your regular membership rate. You may not retroactively freeze your membership.
There are no time limitations for freezes in the case of injury or other medical conditions as long as a doctor’s note is provided. Please submit your medical hold request to info@powerhausottawa.com.

YOUR RESPONSIBILITIES
By purchasing a powerhaus Membership/Service you agree to a) pay us all Fees when due, irrespective of your use of the training sessions; b) all of the terms and conditions which are set out in this Agreement; c) follow our rules and regulations (“Rules”) which may be posted at the Facility from time to time; and d) immediately notify us of any change of address or of any other changes to the personal information provided herein.

TRAINING SESSIONS
Each training session will include a combination of sustained cardiovascular activity and strength training. Training sessions shall be classes in which a group of clients shall train simultaneously. Personal training may be private one on one sessions or in a small group. The following terms and conditions apply to your training:
• Your Training Program shall commence on the date this Agreement is signed.
• Arrive five minutes prior to each scheduled session. If you arrive late for a session, the session will still finish at the originally scheduled time.
• If you feel dizzy, lightheaded, or nauseous or if you experience pain or discomfort at any time during your training, you agree to immediately stop the activity in which you are participating and inform your personal trainer of your condition.
• If during the course of your training, you experience any change to your health or physical condition which might affect your ability to exercise safely and with minimal risk of injury, you agree to immediately notify your personal trainer of such changes.
• You are not obliged to perform or participate in any activity unless you wish to do so and you have the right, at all times, to decline participation in a training session.
• Powerhaus may cancel your training at any time if, in the opinion of the personal trainer, there is a lack of commitment to the training or a failure to comply with the terms of this Agreement. In the event that this occurs, powerhaus will refund the remainder of any unused sessions.

PRE-AUTHORIZED PAYMENT AGREEMENT
You hereby authorize and direct powerhaus to present transactions for payment against your bank or credit card account. In consideration of Powerhaus acting as directed, you agree that powerhaus’s treatment of each payment and its rights to it shall be the same as if it were personally signed by you. The pre-authorized payment shall be drawn on your account to cover all fees, including Monthly Fees, account balances, and default charges, as well as any other amounts to which powerhaus is entitled under this Agreement.

PAYMENT OBLIGATIONS ABSOLUTE
You are obliged to pay us all fees owing under this Agreement throughout the duration of your Training Program. We will not reduce, discount, or cancel your obligations because you do not use the facility. You may terminate this Agreement by abiding by our cancellation policy outlined above and by paying any and all fees incurred, including but not limited to late fees, return fees, collection fees, etc.

DEFAULT
If you breach any term or condition of this Agreement, or if you do not pay an installement on a payment date, you will be in default. Your right to receive sessions will be suspended immediately and you will be subject to a service charge in the amount of $25.00. We may then, if we choose, also immediately cancel your training sessions and keep any amounts you have paid to us. If we later agree to accept payment from you, you must still fulfill all your remaining responsibilities under this Agreement and we may require you to pay any legal and/or collection fees and charges incurred by powerhaus in collecting your overdue payments from you.

PLATFORM ACCESS
We will issue you an account on our mindbody powerhaus platform which you will need to book and buy services. The account is for your personal use only. If someone else uses the account we may cancel your membership immediately with no refund.

RULES AND REGULATIONS
Our rules may be posted in the facility. They may change from time to time. The rules are for your benefit and protection and must be complied with by all members. We reserve the right to cancel or suspend your membership, without refund, if you or your guest: a) fail to follow our rules, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others. If your membership is suspended, your obligation to make payments under this Agreement continues as scheduled. We do not allow any business activity or solicitation at the Facility. You agree to pay us all revenues received by you or your guest if you violate this policy (including our legal fees and court costs).

RESERVATION OF RIGHTS
We reserve the right to cancel any membership without cause, in which event you will be entitled to a refund of unused prepaid installments, if any. We reserve the right to change our hours of operation at any time and to change the cost of, add, modify and/or eliminate any program, equipment, activity, or class of service. We will use our reasonable best efforts to maintain the existing services and facilities at the Facility as of the date of this Agreement. Classes and equipment are available based on sufficient demand..

ENTIRE AGREEMENT/AMENDMENT
Your powerhaus training agreement, as to its subject matter, exclusively and completely states the rights, duties, and obligations of the parties and supersedes all prior and contemporaneous representations, letters, proposals, discussions, and understandings by or between the parties. This Agreement may only be amended in a writing signed by both parties.

ASSIGNMENT
Your powerhaus training agreement is personal to you. You may not assign, sell or transfer this Agreement or your rights under it to anyone else without the written approval of management, and any such attempted sale, assignment, or transfer will be ineffective and will result in the immediate cancellation of this Agreement without refund.

INDEPENDENT CONTRACTORS
The services of independent contractors (such as chiropractors, dietitians, etc) may be available at the Facility. These services are not offered by powerhaus nor do they form part of this Agreement. You must make a separate agreement with an independent contractor if you wish to purchase his/her services.

LIMITATION OF LIABILITY
Powerhaus’s liability for damages under this Agreement, whether arising in contract (including fundamental breach or under an indemnification obligation), tort (including negligence), or otherwise, shall not exceed the amount paid by you to powerhaus in the previous twelve (12) months from the date of the events giving rise to such damages, even if LF3 has been advised of the possibility of such damages. In no event shall powerhaus (including its contractors, directors, employees, and agents) be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, damages arising from lost business, lost savings, lost data, lost profits, medical malpractice, bodily injury or death and regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if powerhaus has been advised of the possibility of such damages and, by signing this Agreement, you hereby indemnify the licensor from any and all such liability.

WAIVER/SEVERABILITY
Any waiver, in whole or in part, of any provision of this Agreement, will not be considered to be a waiver of any other provision. If any term of this Agreement is found to be unenforceable or invalid for any reason, all other terms will remain in full force and effect.

CONSUMER PROTECTION ACT
Members have the right to cancel any contract/membership/subscription and receive a refund within 10 days as per the CPA below. Any powerhaus Classes, Personal Training, Small Group, Partner Training, and other services completed will be charged at the current single session/drop-in rate. The remaining balance will be refunded. Following this 10-day period, the member is fully liable and responsible for payment of the Membership with or without the completion of the service allowed.
Your Rights under the Consumer Protection Act, 2002: 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 the agreement and the day all the services are available. You do not need to give the supplier a reason for canceling during this 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 the supplier, 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 the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier 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).