Terms and Conditions
SECTION 1 – DEFINITIONS
The following terms used throughout this Agreement have the meanings set out below.
"Body Buster Fitness" or "Company" means Body Buster Inc., Body Buster Franchise Corp., and any licensed Franchisee of Body Buster Franchise Corp., and may further include any or all of its management, staff, instructors, officers, directors, and/or associated persons.
"Member" means a person who has completed the Body Buster Fitness Intake Questionnaire (BBFIQ), has paid or agreed to pay for enrolment in a Body Buster Fitness program, and where applicable, has downloaded the Body Buster App to their mobile device. A person who subscribes to the Pro App, whether or not enrolled in a bootcamp package, is also considered a Member for purposes of the App and Pro App terms.
"Minor Member" means a Member who is under the age of 18. A Minor Member must have a parent or legal guardian sign this Agreement on their behalf. The parent or guardian assumes full legal responsibility for the Minor Member's participation and compliance with all terms herein.
"Program" or "Package" means any Body Buster Fitness membership bootcamp package offered on the Body Buster Fitness website, including but not limited to Standard, Platinum, and PRO membership tiers.
"Credit" means a single class attendance credit provided to a Member as part of their enrolled Package, entitling the Member to book and attend one (1) class. Credits are not reusable, are non-refundable, non-transferable, and expire at the end of the Package duration.
"Class" means any fitness session offered by Body Buster Fitness, including in-person bootcamp group fitness, in-person personal training, online Live-On-Line group fitness, and recorded or video-on-demand sessions.
"Live-On-Line" means a live-streamed fitness class delivered online in real time through Body Buster Fitness's designated platform.
"App" means the Body Buster Fitness mobile application, which serves as a portal to the web-based wellness platform (currently Virtuagym), providing fitness, health tracking, and nutritional programs.
"Pro App" means the paid premium version of the App offering additional features, available on a monthly or annual subscription basis.
"Video on Demand" means live and recorded fitness content accessible through the App or Pro App that a Member may access at their own risk.
"Agreement" means this Member Agreement and Terms of Service, together with the BBFIQ, any applicable promotional terms, and all addenda incorporated by reference.
"HST" means Harmonized Sales Tax as applicable in the Province of Ontario, Canada.
"Physician" means any medical doctor or specialist licensed to practise medicine and certified and registered in good standing with The College of Physicians and Surgeons.
SECTION 2 – ELIGIBILITY AND INTAKE REQUIREMENTS
Any person wishing to become a Member must complete the Body Buster Fitness Intake Questionnaire (BBFIQ) prior to participating in any services or activities provided by Body Buster Fitness. Failure to complete the BBFIQ will result in refusal of enrolment. The BBFIQ collects information relating to the applicant's fitness history, PAR-Q responses, and relevant medical information. Completion of the BBFIQ is a prerequisite to participation in any Program, Class, App feature, or Pro App feature.
If any response to the BBFIQ directs you to consult a Physician, you agree to obtain written medical clearance from a Physician before participating in any Body Buster Fitness services or activities. You agree not to participate in any Body Buster Fitness services without first completing the BBFIQ and, where directed, obtaining such medical clearance. You are encouraged to undergo a regular medical examination prior to commencing or continuing any Body Buster Fitness program, and you are responsible for remaining aware of your own physical conditions and limitations at all times.
If the Member is under the age of 18, the Member's parent or legal guardian must disclose the Member's age to Body Buster Fitness at the time of enrolment and must sign this Agreement on behalf of the Minor Member. By signing on behalf of a Minor Member, the parent or guardian assumes full legal responsibility for the Minor Member's participation, conduct, and compliance with all terms in this Agreement. The parent or guardian further confirms that the Minor Member has been assessed as medically fit to participate, and that medical clearance has been obtained where directed by the BBFIQ. All liability waivers and indemnity provisions in this Agreement apply equally to the Minor Member and are binding on the parent or guardian who signs this Agreement. Body Buster Fitness programs are designed for adults. These programs are not specifically designed for or marketed to children. Body Buster Fitness Kids programming, where separately offered, is governed by separate terms and conditions and is not covered by this Agreement.
SECTION 3 – PROGRAMS AND SERVICES
Body Buster Fitness offers the following services to Members, subject to availability and the specific Package enrolled in: in-person bootcamp group fitness classes, in-person personal training sessions, online Live-On-Line group fitness classes, recorded and video-on-demand fitness sessions, standard App access (included with active membership), and Pro App access (paid subscription). The availability, schedule, location, format, and content of any Class or service may be changed, substituted, limited, or cancelled at the sole discretion of Body Buster Fitness, or due to circumstances beyond its control.
SECTION 4 – CLASS CREDITS
Upon enrolment in a Package, a Member is allocated a set number of Credits corresponding to the number of Classes the Member is expected to attend during the Package duration. The specific number of Credits is determined by the Package enrolled in. Credits must be used in advance to book a spot in a Class. Class spots are limited, and booking in advance is required to secure the Member's place. Body Buster Fitness is not responsible for a Member's inability to attend a Class due to failure to book in advance.
Once a Member books a Class using a Credit, attendance is the Member's responsibility. Failure to attend a booked Class results in the forfeiture of the Credit used to book that Class, regardless of the reason for non-attendance.
A Member may cancel their Class booking within the cancellation window established and communicated by Body Buster Fitness through the booking platform. Cancellation within the permitted window will restore the Credit to the Member, which may then be used to book an alternative Class within the same Package. If a Member fails to cancel within the permitted window, the Credit will be forfeited regardless of whether the Member attends.
Credits expire at the end of the Package duration for which they were allocated. Unused or forfeited Credits do not roll over to a new or renewed Package, are non-refundable, cannot be transferred to another Member, and expire immediately upon cancellation or termination of the membership where applicable.
Where Body Buster Fitness offers a Package with unlimited Credits, the Member must still book each Class in advance to secure a spot. Unlimited Credits and the membership itself both expire at the end of the Package duration. If a Member with an unlimited Credit Package fails to cancel a booked Class that they do not attend, Body Buster Fitness will issue a one-time written warning for the first occurrence. Each subsequent failure to cancel a booked Class that the Member does not attend will result in a surcharge of $25.00 plus applicable HST, charged to the Member's credit card on file at the sole discretion of Body Buster Fitness. This applies to both in-person and Live-On-Line classes.
SECTION 5 – MEMBERSHIP TERMS, RENEWAL, AND CANCELLATION
By enrolling in a Package, the Member commits to the full duration and all associated payment obligations of that Package. A Member may not cancel their membership before the end of the Package duration. A membership cannot be cancelled by a Member before the end of its duration, and all payments made or committed to during the Package duration are non-refundable.
Packages of three (3) months or longer duration will automatically renew on a recurring basis upon expiry of the current Package duration. The Member will be billed for the renewed Package at the then-current rate unless the Member provides written notice of non-renewal as required below.
To prevent automatic renewal, a Member must provide written notice to Body Buster Fitness of their intention not to renew, received by Body Buster Fitness no later than thirty (30) days prior to the end of the current Package duration. Failure to provide timely written notice will result in the Package being automatically renewed and the Member being responsible for all associated payments.
If a Member is unable to attend Classes due to a documented medical illness or injury, the Member must notify Body Buster Fitness immediately in writing. At the sole discretion of Body Buster Fitness, the Member may be permitted to carry over unexpired Credits, provided the Member supplies documentation from a licensed Physician confirming the illness or injury and the Member's inability to participate. Only Classes missed from the date notification was provided in a timely manner may qualify for make-up Credits. Notwithstanding any illness or injury, the Member remains responsible for all scheduled payments under this Agreement. The term Physician refers to any medical doctor or specialist licensed to practise medicine and certified and registered in good standing with The College of Physicians and Surgeons.
Body Buster Fitness reserves the right, at its sole discretion, to pause or cancel a Membership in response to any business operating condition mandated on the fitness industry by a Provincial, Federal, or Municipal Government, including but not limited to public health orders. In such circumstances, memberships may be paused for the duration of the mandate, Body Buster Fitness may offer a temporary alternative membership format where feasible, and paused memberships will be un-paused once the mandate has ended and Body Buster Fitness deems it feasible to resume normal operations.
Body Buster Fitness reserves the right to adjust membership Package pricing from time to time. The price in effect at the time of a Member's enrolment or most recent renewal is locked in and will not change during that committed Package term. Any revised pricing will take effect only upon the next renewal of the Member's Package. Body Buster Fitness will provide Members with at least thirty (30) days' written notice of any upcoming pricing change before it takes effect at renewal. If a Member does not wish to continue at the revised rate, the Member must provide written notice of non-renewal in accordance with the cancellation requirements set out in this Section. Continued enrolment beyond the current Package term following receipt of a pricing notice constitutes the Member's acceptance of the revised rate.
SECTION 6 – PAYMENTS, BILLING, AND TAXES
The Member is personally responsible for and unconditionally guarantees all payments due to Body Buster Fitness under this Agreement. All amounts paid or committed to under this Agreement are non-refundable. This applies to payments made for multi-month discounted Packages, and the Member remains responsible for all remaining installments for the full Package duration regardless of attendance, willingness, or ability to attend.
The first payment is taken on the date of enrolment. Subsequent payments are taken on a monthly, bi-weekly, or weekly basis calculated from the start date of the first session, depending on the payment option selected at the time of enrolment.
All prices are exclusive of applicable taxes unless otherwise stated. HST and any other applicable taxes will be added to all charges at the prevailing rate. By enrolling, the Member authorizes Body Buster Fitness to charge the Member's credit card on file for all amounts due under this Agreement, including recurring payments, applicable taxes, and any applicable surcharges. It is the Member's responsibility to ensure their credit card information is current and valid at all times.
No Refunds; No Set-Off. Notwithstanding any illness, injury, inability to attend, dissatisfaction with services, change in scheduling, change in format, government mandate, or any other circumstance whatsoever, all amounts paid or payable under this Agreement are final, non-refundable, and non-creditable. The Member shall not be entitled to any set-off, deduction, or withholding of payment for any reason.
SECTION 7 – ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A COMPLETE WAIVER OF YOUR RIGHT TO SUE BODY BUSTER FITNESS.
You acknowledge and agree that participation in Body Buster Fitness programs, Classes, activities, and use of the App and Pro App may involve vigorous physical exercise that presents an extreme challenge to your physical and mental abilities. Participation carries inherent risks including but not limited to physical injury such as sprains, strains, and fractures; cardiovascular events including cardiac arrest; loss of or damage to personal property; and serious bodily injury or death. You certify that you understand and voluntarily assume all such risks.
You hereby certify that you are physically and medically fit to participate in all Body Buster Fitness programs, Classes, and activities, and that this determination has been made by or in consultation with a qualified medical professional. You acknowledge that it is your responsibility to know your physical limitations and to exercise within those limits at all times.
In consideration of being permitted to participate in Body Buster Fitness programs, Classes, services, and activities, you, on behalf of yourself, your heirs, executors, administrators, and assigns, and where applicable on behalf of any Minor Member in your care, hereby waive any and all claims you may have against Body Buster Fitness, its management, staff, instructors, officers, directors, franchisees, and associated persons arising from any injury, harm, loss, or damage to yourself or your property in connection with your participation. You release Body Buster Fitness from any and all liability for any harm, injury, loss, or damage arising from your participation, including any harm caused by the negligence of Body Buster Fitness or its representatives. You agree to indemnify and hold harmless Body Buster Fitness, its management, staff, instructors, officers, directors, and associated persons from and against any and all claims, damages, losses, costs, and expenses arising from your participation or from the participation of any Minor Member for whom you are signing this Agreement.
The Member assumes all risk associated with downloading and using the App and Pro App on their mobile device. Body Buster Fitness shall not be liable for any loss of data, damage to devices, unauthorized use of Member information, or misuse of personal information submitted to the App, Pro App, or associated web-based wellness platform. Body Buster Fitness makes no warranty, express or implied, regarding the uptime, availability, or uninterrupted operation of the App or Pro App, the accuracy or completeness of any fitness, nutritional, or health metrics provided through the App or Pro App, or the suitability of any content, program, or data accessible through the App or Pro App for any particular purpose. No information or content provided through Body Buster Fitness programs, Classes, the App, or the Pro App constitutes medical, nutritional, therapeutic, or professional advice of any kind. Members must not rely on any such content as a substitute for qualified professional advice. While Body Buster Fitness endeavours to protect Member information, it makes no guarantee that information submitted to these platforms will be fully protected from unauthorized access. The Member uses these platforms entirely at their own risk.
Limitation of Liability. Without limiting the generality of the waivers, releases, and assumptions of risk contained in this Agreement, in the event that Body Buster Fitness is found liable for any claim or loss despite such waivers and releases, the total cumulative liability of Body Buster Fitness to the Member for any and all claims shall be strictly limited to the total amount actually paid by the Member to Body Buster Fitness in the three (3) months immediately preceding the event giving rise to the claim.
There may be photographs or video captured during Classes or Body Buster Fitness activities that may be used for advertising, marketing, and promotional purposes on a worldwide and perpetual basis. No compensation is owed to the Member for such use. By participating, you consent to such use of your image, name, and likeness. If you do not consent, you must notify Body Buster Fitness in writing prior to your first Class.
SECTION 8 – APP AND PRO APP TERMS
The App and Pro App are made available solely for the personal use of the registered Member. The Member agrees not to share access to the App or Pro App with any other person. Unauthorized use of the App or Pro App may result in immediate cancellation of access without refund.
The App is available for use only to Members residing in Canada at the time of use. Use of the App outside of Canada is strictly prohibited.
The Pro App is available on either a monthly subscription or an annual subscription basis, plus applicable taxes, billed on a recurring basis from the date of subscription commencement. Monthly subscribers are billed on the same date each month. Annual subscribers are billed on the anniversary of their subscription start date each year. Current subscription pricing is available on the Body Buster Fitness website and is subject to change. Body Buster Fitness reserves the right to change Pro App subscription pricing at any time and will provide Members with at least thirty (30) days' written notice prior to any pricing change taking effect.
A Member may cancel their Pro App subscription by providing written notice to Body Buster Fitness at least one (1) month prior to the next scheduled recurring billing date. Cancellations received after this deadline will take effect from the following billing cycle. All payments already made are non-refundable.
Body Buster Fitness makes no warranty of uptime, continuous availability, or error-free operation of the App or Pro App. Body Buster Fitness does not warrant the accuracy of any fitness tracking, nutritional data, or health metrics provided through the App or Pro App, and no such content constitutes medical, nutritional, or therapeutic advice. The Member agrees not to rely on any App or Pro App content as a substitute for qualified professional advice.
Video on Demand content is accessible through the App and Pro App at the Member's own risk. Body Buster Fitness reserves the right to discontinue or modify Video on Demand content at its sole discretion.
The App is a portal to a web-based wellness platform currently powered by Virtuagym. By using the App, the Member also agrees to the terms and conditions of Virtuagym applicable to client members. The Virtuagym terms are incorporated into this Agreement by reference, and all waivers and terms provided by the Member to Virtuagym also extend to and apply to Body Buster Fitness.
SECTION 9 – MEMBER CONDUCT AND MEMBERSHIP TERMINATION
All Members have the right to a positive, safe, supportive, and non-disruptive environment in all Body Buster Fitness Classes, platforms, and communications. Each Member is expected to conduct themselves in a respectful manner at all times. The following conduct is strictly prohibited and may result, at the sole discretion of Body Buster Fitness, in immediate removal from Class and/or permanent termination of membership without refund: use of profanity or abusive language directed at any person; making disparaging, discriminatory, or threatening remarks; harassment, bullying, or intimidation of any Member, instructor, or Body Buster Fitness representative; any violation of applicable law during participation in Body Buster Fitness activities; and any behaviour deemed by Body Buster Fitness to be disruptive, dangerous, or harmful to others.
A Member's Credits and App or Pro App access are personal and non-transferable. A Member must not share, lend, or transfer their Credits, App login, or Pro App access to any other person, whether or not that person is a Body Buster Fitness Member. Credits used by a live-streaming or recorded video session are for the sole use of the Member and must not be shared or transferred to any person for participation in those classes. Unauthorized sharing of Credits may result in cancellation of remaining Credits without refund. Unauthorized sharing of App or Pro App access may result in immediate cancellation of the Member's App or Pro App access without refund. Body Buster Fitness assumes no liability for any injury, harm, or loss resulting from unauthorized use of a Member's Credits or App or Pro App access by a third party, and the Member assumes all liability associated with such unauthorized use.
By becoming a Member, you agree that any information obtained through your participation in Body Buster Fitness programs, including but not limited to information about the program structure, training methodologies, policies, systems, and operations, shall not be used as a basis to develop, or to have a third party develop, any competing or similar product, program, or service. This restriction applies solely to the unauthorized use of confidential or proprietary information obtained through membership and does not constitute a general restraint of trade or restriction on the Member's right to engage in any lawful occupation or business activity.
SECTION 10 – PROMOTIONS AND INTRODUCTORY OFFERS
Body Buster Fitness may offer special promotions to former inactive Members or introductory promotional packages to attract new Members. Such offers are not intended for or available to current active Members. The specific terms and conditions of any promotional or introductory offer will be set out in that offer and will be read together with and incorporated into this Agreement. Members who participate in a promotional or introductory offer and wish to continue training upon expiry of the promotional period must enrol in a standard Standard, Platinum, or PRO membership Package at the then-current rates offered by Body Buster Fitness.
SECTION 11 – GENERAL TERMS
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
Governing Jurisdiction and Venue. Any dispute, claim, or proceeding arising out of or relating to this Agreement, any Body Buster Fitness Program, Class, service, or the App or Pro App, including any question regarding its existence, interpretation, performance, validity, or termination, shall be brought exclusively in the courts of the Province of Ontario, sitting in the City of Toronto. The Member irrevocably attorns to the jurisdiction of such courts and waives any objection based on venue or forum non conveniens. Prior to commencing any legal proceeding, the parties agree to attempt to resolve any dispute through good-faith informal discussion or, where agreed, mediation.
Updates to Terms of Service. Body Buster Fitness reserves the right to update and amend these Terms of Service from time to time to reflect changes to its policies, procedures, services, or operational requirements. The most current version of this Agreement is available to Members through their member account at all times. Where an update materially affects a Member's rights or obligations, Body Buster Fitness will provide at least thirty (30) days' written notice prior to the change taking effect. Continued participation in any Body Buster Fitness program or service following the effective date of any update constitutes the Member's acceptance of the revised Terms of Service.
Force Majeure. Body Buster Fitness shall not be liable for any delay, modification, suspension, interruption, or failure to perform any obligation under this Agreement where such delay or failure is caused, in whole or in part, by events beyond its reasonable control, including but not limited to acts of God, pandemics, public health emergencies, government orders, labour disputes, power failures, internet or platform outages, supply chain disruptions, facility closures, instructor unavailability, or failures of third-party service providers including the Virtuagym platform.
Survival. The provisions of this Agreement which by their nature are intended to survive termination or expiration, including but not limited to sections relating to payment obligations, assumption of risk, waiver and release of liability, limitation of liability, indemnification, image and likeness consent, intellectual property, non-competition, confidentiality, dispute resolution, governing law, and jurisdiction, shall survive the termination or expiration of this Agreement for any reason.
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be severed from the Agreement and the remaining provisions shall continue in full force and effect.
This Agreement, together with the BBFIQ and any applicable Package enrolment documentation, constitutes the entire agreement between the Member and Body Buster Fitness with respect to the subject matter hereof and supersedes all prior understandings, representations, and agreements.
Failure by Body Buster Fitness to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision at any future time.
SECTION 12 – ACKNOWLEDGEMENT
By signing this Agreement electronically, you confirm that you have read, understood, and agree to be bound by all terms and conditions set out in this Agreement. You confirm that you are at least 18 years of age, or if under 18, that a parent or legal guardian is signing on your behalf as described in Section 2. You confirm that you have completed the BBFIQ and, where directed, have obtained medical clearance from a Physician. You understand that all membership payments are non-refundable and that no set-off, deduction, or withholding of payment is permitted for any reason. You voluntarily assume all risks of participation and waive all claims against Body Buster Fitness as set out in Section 7 of this Agreement. You acknowledge that any disputes arising from this Agreement shall be resolved exclusively in the courts of Ontario, sitting in Toronto, as set out in Section 11. You understand that the most current version of this Agreement is available through your member account and that continued participation following any update to these Terms of Service constitutes your acceptance of the revised terms.