Terms of Service

Last Updated: January 6, 2025

Welcome to KX Yorkville. These Terms and Conditions (“Terms”) govern your access to and use of our services, facilities, and programs. By purchasing or using services from KX Yorkville, you are entering into a legally binding agreement with KX Yorkville (“we,” “our,” or “us”) and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, WAIVER OF CLASS RELIEF, AND LIMITATIONS OF LIABILITY.

1. Accessing and Using Our Services

1.1 Eligibility

KX Yorkville services are intended for use by individuals aged 18 or older. Minors aged 16 or 17 may access services with the explicit consent and supervision of a parent or legal guardian.

1.2 Non-Expiration

All purchased services, including but not limited to therapy sessions, and training packages, do not expire unless otherwise specified at the time of purchase.

1.3 Transferability

Purchased services may be transferred to another individual with prior written notification to and approval by KX Yorkville. Transferees are bound by these Terms.

1.4 No Refund Policy

Refunds are not available for services after the expiration of a 14-day trial period (where applicable). Purchases made outside the trial period are final and non-refundable.

2. Trial Period

2.1 14-Day Trial

New clients may qualify for a 14-day trial period on select services. Refund requests must be submitted within the trial period.

2.2 Refund Process

Refund requests must be made in writing to info@kxhealth.ca within the trial period. Refunds will be issued to the original payment method within 10 business days.

3. Client Responsibilities

3.1 Conduct and Behavior

Clients are expected to conduct themselves respectfully and safely while on the premises or using KX Yorkville services. We reserve the right to suspend or terminate services without refund for behavior deemed disruptive, harmful, or unsafe.

3.2 Health Representations

By using our services, you represent and warrant that you are in good physical condition and have no medical or other conditions that could pose a risk of harm to yourself or others during participation. You agree to consult a healthcare provider if you have any concerns.

4. Bookings and Cancellations

4.1 Booking Requirements

All service must be booked in advance through the KX Yorkville platform Mindbody or Jane App.

4.2 Cancellation Policy

Cancellations must be made at least 24 hours prior to the scheduled appointment. Late cancellations or no-shows will result in forfeiture of the session without refund.

5. Intellectual Property

5.1 Ownership

All materials, including but not limited to training guides, digital resources, and class content, are owned by KX Yorkville. Unauthorized reproduction or distribution of these materials is prohibited.

5.2 License of Use

Clients are granted a limited, non-exclusive, non-transferable license to use materials provided during services for personal use only.

6. Privacy Policy

See Privacy Policy.

7. Assumption of Risk and Waiver of Liability

7.1 Assumption of Risk

By participating in KX Yorkville programs, you acknowledge the inherent risks of physical activity, including but not limited to injury, illness, or death.

7.2 Release and Waiver

You hereby release and discharge KX Yorkville, its employees, contractors, and affiliates from any and all liability arising from your participation in services, except where such liability is caused by gross negligence or willful misconduct.

8. Changes to Terms

KX Yorkville reserves the right to modify these Terms at any time. Updated Terms will be posted on our website and effective immediately. Your continued use of services constitutes acceptance of the updated Terms.

9. Governing Law and Dispute Resolution

9.1 Governing Law

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

9.2 Arbitration Agreement

Any disputes arising from or relating to these Terms shall be resolved through binding arbitration conducted in Toronto, Ontario.

9.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in a class or representative action.

10. Contact Information

For questions about these Terms, please contact us at:

Email: info@kxhealth.ca
Phone: (416) 926-9757
Address: 263 Davenport Road, Toronto, ON, M5R1J9