Terms Of Service

Last Updated: June 1, 2025

This Terms of Service Agreement (“Agreement” or “Terms”) is a legal agreement between you and Fine Tune Pilates Inc. (“Fine Tune,” “we,” “us,” or “our”), a company incorporated in Ontario, Canada, governing your use of our services, including any classes, workshops, sessions, events, offerings, and amenities (collectively, the "Program"), and our digital platforms, including https://www.finetunepilates.ca (the “Website”), any apps, scheduling systems, or communications tools provided by Fine Tune (together, the “Service”).

By visiting the Website, creating an account, booking a session, signing a waiver, or participating in any Program, you agree to be bound by these Terms. If you do not agree to be bound, you must not use the Service or participate in the Program.

PART 1: RELEASE OF LIABILITY, WAIVER OF CLAIMS & ASSUMPTION OF RISKS

PLEASE READ CAREFULLY

In consideration of Fine Tune Pilates permitting you to access its facilities, digital services, or participate in its Program, you agree to the following:

1. Assumption of Risk

• You acknowledge that participation in physical activity may involve risks, including but not limited to musculoskeletal injury, equipment malfunction, emotional stress, and other unanticipated risks. You voluntarily assume full responsibility for all such risks, whether known or unknown.

• You understand that classes may involve physical exertion and acknowledge the need to consult your physician before participation, especially if you are pregnant, nursing, have high blood pressure, heart disease, chronic pain, or a recent injury or surgery.
  

2. Waiver and Release

• You waive, release, and discharge Fine Tune and its owners, employees, contractors, instructors, agents, successors, and affiliates (collectively, the “Releasees”) from any and all liability, claims, demands, causes of action, or damages arising from your participation in the Program.
  

3. Indemnity

• You agree to indemnify and hold harmless the Releasees from any claims, costs, damages, liabilities, or expenses (including legal fees) arising out of your use of the Service or participation in the Program.
  

4. Property Loss

• You understand Fine Tune is not responsible for lost, stolen, or damaged property at any of its locations or events.
  

5. Limitation of Liability

• To the fullest extent permitted by law, Fine Tune’s total liability under any claim arising from this Agreement or your participation in the Program shall not exceed the greater of: (a) the amount you paid to Fine Tune in the past six (6) months, or (b) CAD $500.
  

6. Binding Effect

• This waiver is binding upon your heirs, executors, administrators, and legal representatives.
  

7. Severability

• If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force.
  

8. Jurisdiction

• This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Disputes shall be brought exclusively before the courts of Ontario.
  

PART 2: ELIGIBILITY

You must be at least 16 years of age to use the Service. If you are under 18, you must obtain written parental or guardian consent and have the required waiver signed by a parent or legal guardian. The parent or guardian is fully responsible for the actions of the minor.

PART 3: COMMUNITY CONDUCT & EXPECTATIONS

Fine Tune strives to maintain a safe, inclusive, and respectful environment. You agree not to:

• Harass, intimidate, or threaten other clients or staff.

• Use hate speech, discriminatory language, or behaviour targeting any identity, including but not limited to race, gender, sexuality, age, ability, religion, or size.

• Use or be under the influence of drugs or alcohol during the Program.
  
  Violation of these expectations may result in removal from the studio and/or permanent ban from the Program.

PART 4: ACCOUNTS & PAYMENTS

1. Creating an Account

• You are required to provide accurate and current information when creating an account and must update your details if they change.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
  

2. Memberships and Class Packs

• Memberships and class packs are billed according to the structure outlined at the time of purchase.

• Memberships renew automatically unless cancelled before the renewal date. Late cancellations or no-shows may incur penalties in accordance with our FAQ + Policy page.
  

3. Refunds & Transfers

• All sales are final. Class packs may be transferred to another individual once. Memberships are non-transferable unless otherwise noted.
  

4. Payment Processor

• Payments are processed by third-party providers (e.g., Stripe, Momence). You acknowledge that Fine Tune is not responsible for errors caused by these providers.
  

PART 5: OFFERS, DISCOUNTS & PROMOTIONS

1. Promotions

• Fine Tune may offer discounts, promo codes, or special offers for specific programs or products. These are granted at Fine Tune's sole discretion and may be revoked at any time.

• Repeated or recurring promotions do not create entitlement and may be subject to eligibility criteria.
  

2. Coupons and Offer Codes

• Coupons must be used in accordance with their terms and within their validity period.

• Single-use coupons may only be applied once per transaction and may not be combined.

• No cash value or refund will be granted for unused portions of coupons.

• Coupons are intended solely for personal use and may not be sold, traded, copied, or counterfeited.
  

3. Errors & Omissions

• Fine Tune reserves the right to correct pricing, promotional, or typographical errors on the Service at any time, including after transactions have occurred.

PART 6: PRIVACY POLICY

Your privacy matters. Please read our full Privacy Policy at https://www.finetunepilates.ca/privacy-policy to understand how we collect, use, and store your personal information.

1. We collect information including your name, contact details, emergency contact, and health disclosures for the purposes of delivering safe, personalized services.

2. We will not sell or rent your personal data to third parties.

3. Your use of third-party tools (e.g., Kisi, Stripe, Zoom, Squarespace) is subject to those platforms’ own privacy policies.

4. You may opt out of marketing emails at any time by clicking “unsubscribe” or contacting us.
   

PART 7: INTELLECTUAL PROPERTY

All content on the Website or provided through the Program is the intellectual property of Fine Tune unless otherwise noted. This includes but is not limited to: text, logos, class descriptions, photographs, videos, and branding.

You may not reproduce, republish, copy, modify, transmit, or distribute any material without express written permission.

PART 8: COMMUNICATIONS & CONSENT

By using the Service, you consent to receive electronic communications from us, including service notices, promotional materials, and updates.

• You may unsubscribe from promotional messages at any time.

• You are responsible for any messaging, data, or SMS fees charged by your provider.

PART 9: SUPPLEMENTAL TERMS

Additional terms may apply to specific promotions, membership offers, or community programs. In case of conflict between these Terms and such supplemental terms, the supplemental terms shall govern for the relevant offer.

PART 10: CLASS ACTION WAIVER

To the extent permitted by applicable law, you agree that any disputes with Fine Tune will be handled on an individual basis, and you waive the right to participate in any class or representative action or jury trial.

PART 11: CHANGES TO THESE TERMS

We reserve the right to update these Terms from time to time. Updates will be posted to the Website with the revised date. Your continued use of the Service after changes are posted indicates acceptance.

PART 12: CONTACT

If you have questions about this Agreement, contact:

Fine Tune Pilates Inc.
hello@finetunepilates.ca
1564 Queen Street West, Floor 2
Toronto, ON 
M6R 1A6

ACKNOWLEDGEMENT

By using this site or participating in the Program, you confirm that you have read and understood this Agreement and agree to be bound by its terms.