Terms and Conditions — Aktiva Fitness

Effective Date: May 28, 2026

1. ACCEPTANCE OF TERMS

By accessing aktiva.ca, booking a session, purchasing a membership, or using any services offered by Aktiva Fitness ("Aktiva," "we," "us," "our"), you ("Member," "Client," "you") agree to be bound by these Terms and Conditions. If you do not agree, do not use our services.

2. SERVICES

Aktiva Fitness provides boutique fitness and wellness services including Semi-Private Training, VIP-Private Training (including customized meal plans, bi-monthly InBody analysis, and spa/body sculpting access), 3-Month Fit Journey Packages, Standard Gym Memberships, and other programs as offered from time to time. Aktiva reserves the right to modify, discontinue, or change any service offering at any time with reasonable notice.

3. MEMBERSHIPS & PACKAGES

3.1 Enrollment: Memberships and packages require completion of an intake form and payment of applicable fees. Enrollment is subject to our acceptance.

3.2 Payment: All fees are due in advance as per your chosen plan. All prices are in Canadian Dollars (CAD) and subject to applicable taxes.

3.3 Cancellation Policy:

Monthly memberships may be cancelled with 30 days' written notice to [email protected]

Fixed-term packages (e.g., 3-Month Fit Journey) are non-refundable after 72 hours from purchase, except as required by law

Single sessions and drop-ins are non-refundable once booked

3.4 Missed Sessions: Sessions must be cancelled with at least 24 hours' notice. Sessions cancelled with less than 24 hours' notice or no-shows will be forfeited without refund or rescheduling credit.

3.5 Freezing: Members may request to freeze their membership once per term for a maximum of 30 days for reasons such as illness or travel, with written notice to [email protected] prior to the freeze period.

4. HEALTH & FITNESS DISCLAIMER

By participating in Aktiva's programs, you represent that you are in good physical health and have no known medical conditions that would prevent you from safely engaging in physical exercise. You are strongly encouraged to consult a physician before beginning any fitness program. Physical activity involves inherent risks including muscle strain, cardiovascular events, and injury. You voluntarily assume all risks associated with participation. Our trainers are fitness professionals and not licensed medical practitioners. Nothing provided constitutes medical advice.

5. SMS / TEXT MESSAGING TERMS — A2P COMPLIANCE

5.1 Program Description Aktiva Fitness offers an SMS messaging program to provide clients and prospective clients with appointment reminders, booking confirmations, membership updates, promotional offers, and fitness-related communications. This program is operated through our CRM platform, GoHighLevel.

5.2 Opt-In Consent By providing your mobile phone number and submitting any form on our website or in our facility, and by checking the SMS opt-in box where provided, you expressly consent to receive recurring automated text messages from Aktiva Fitness at the mobile number you provided. Consent to receive SMS messages is not a condition of purchase or membership.

5.3 Message Frequency Message frequency may vary. You may receive messages related to:

Appointment confirmations and reminders

Follow-up on inquiries or consultations

Membership and program updates

Promotional offers and fitness tips

5.4 Costs Message and data rates may apply. You are responsible for any charges imposed by your mobile carrier.

5.5 Opt-Out You may cancel SMS communications at any time by replying STOP (or ARRET in French) to any message we send. After we receive your opt-out request, you will receive one final confirmation message, then no further SMS messages will be sent unless you re-subscribe. You may also opt out by contacting us at [email protected].

5.6 Help For help with our SMS program, reply HELP to any message or contact us at [email protected] or (416) 201-1887.

5.7 Carrier Disclaimer Carriers are not liable for delayed or undelivered messages. Aktiva Fitness is not responsible for any delays or failures in message delivery attributable to your mobile carrier or network conditions.

5.8 Data Privacy for SMS Your mobile phone number and SMS opt-in data are collected and used solely to deliver the messages described above. This data will not be sold, shared, or transferred to any third party for their own marketing or promotional purposes. It may be shared only with our SMS platform provider (GoHighLevel) strictly for technical message delivery.

5.9 Supported Carriers Our SMS program is supported by most major carriers. Carrier participation may vary and is subject to change.

6. CODE OF CONDUCT

All clients and members agree to treat staff and fellow members with respect, maintain appropriate hygiene and gym attire, wipe down equipment after use, and follow all posted facility rules. Aktiva reserves the right to terminate any membership immediately and without refund for violations of this Code of Conduct.

7. ASSUMPTION OF RISK & LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AKTIVA FITNESS, ITS OWNERS, EMPLOYEES, TRAINERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM PERSONAL INJURY OR DEATH ON THE PREMISES, LOSS OF PERSONAL PROPERTY, YOUR RELIANCE ON FITNESS OR NUTRITIONAL GUIDANCE PROVIDED, OR INTERRUPTION OR CANCELLATION OF SERVICES. Nothing in these Terms limits liability for gross negligence or willful misconduct.

8. PHOTOGRAPHY & MEDIA

By using our services, you consent to being photographed or video-recorded in common areas of the facility for marketing and promotional purposes. If you do not consent, notify us in writing at [email protected].

9. INTELLECTUAL PROPERTY

All content on aktiva.ca including logos, text, graphics, and program materials is the exclusive intellectual property of Aktiva Fitness. Reproduction or use without written permission is prohibited.

10. GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

11. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Aktiva Fitness regarding your use of our services.

12. CONTACT

Aktiva Fitness 809 Alness St, North York, ON M3J 2H8 📧 [email protected] 📞 (416) 201-1887