Terms of Service

Last Updated: Sept 15, 2025

These Terms and Conditions (the “Terms”) constitute a binding agreement between the client (“you” or the “Client”) and KX Yorkville / KX Health Inc. (“KX Yorkville”, “we”, “us”, or “our”), with respect to your purchase of and participation in the 12 Week Program and other related services and facilities.

By purchasing, enrolling in, or otherwise engaging with the KX Yorkville, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not participate in or purchase services at KX Yorkville.

1. Eligibility and Acknowledgement

1.1 Age Requirement – The Program is intended for individuals 18 years of age or older. Minors may participate only with the written consent of a parent or legal guardian, who shall remain fully responsible for the minor’s participation.

1.2 Health Acknowledgement – By enrolling, you represent and warrant that you are in good physical and mental health and have disclosed any medical conditions that may affect participation. You assume full responsibility for consulting your physician or other qualified health professional regarding your suitability for the Program.

2. Payment and Fees

2.1 Accepted Methods – Payment may be made by Visa, MasterCard, American Express, or Electronic Funds Transfer (e-Transfer).

2.2 Installment Payments – If paying by installment, one-third (1/3) of the Program fee shall be due upon enrolment. The remaining two installments shall be billed monthly or when one-third (1/3) of the Program sessions have been used, whichever occurs earlier.

2.3 Payment in Full – Clients who elect to pay the full Program fee in advance may be entitled to complimentary Exercise Coaching sessions, as advertised at the time of purchase.

2.4 Non-Payment – A valid credit card must remain on file. Failure to make timely payment may result in suspension of booking privileges and/or termination of Program access without refund.

2.5 Taxes – All fees are subject to applicable sales tax (HST in Ontario).

3. Trial Period and Refunds

3.1 14-Day Trial – New Clients are entitled to a fourteen (14) calendar day trial period commencing on the date of initial purchase.

3.2 Refunds Within Trial Period – If the Program is cancelled within the trial period, completed sessions will be deducted at the rate of $195.00 per session (before tax), and the remaining balance will be refunded to the original method of payment.

3.3 No Refunds After Trial – After expiry of the trial period, all fees are non-refundable, regardless of usage.

4. Program Sessions

4.1 Packages – The 12 Week Program may include session packages (24, 36, 48, 60, 72, or 96 sessions), with complimentary sessions provided on select tiers, as communicated at the time of purchase.

4.2 Transferability – Session credits may be transferred to friends or family upon written notice and with prior approval of KX Yorkville. Transferees shall be bound by these Terms.

4.3 Session Expiry – The monetary value of unused sessions does not expire; however, sessions redeemed at a later date shall be credited at current prevailing rates, and the number of sessions available for redemption may be adjusted accordingly.

5. Bookings and Cancellations

5.1 Booking – Sessions must be booked in advance using the MindBody system, mobile application, or onsite at KX Yorkville.

5.2 Recurring Bookings – Clients may request recurring appointment days/times by contacting info@kxhealth.ca.

5.3 Cancellation Policy – Cancellations must be made at least 24 hours in advance.

Cancellations beyond 24 hours may be made via MindBody or the app.
Cancellations within 24 hours must be communicated by email to info@kxhealth.ca.
Late cancellations or no-shows will be treated as sessions attended and deducted from your account.

6. Renewal and Maintenance

6.1 Notifications – Email reminders will be issued when your account reaches 3, 2, and 1 remaining sessions.

6.2 Maintenance Options – At that time, a Client Care representative will review available maintenance programs.

6.3 Future Rates – KX Yorkville does not guarantee that the same rates will be available for renewal.

7. Extended Health Insurance

7.1 Insurance Coverage – Sessions with Kinesiologists, Osteopathic Manual Practitioners, and Nutritionists may be eligible for reimbursement under extended health insurance plans.

7.2 Direct Billing – KX Yorkville does not provide direct billing. You are responsible for submitting receipts to your insurer.

8. Referral Program

Clients who refer an individual who subsequently purchases a 12 Week Program will receive one (1) complimentary Exercise Coaching session per referral.

9. Conduct and Safety

9.1 Respectful Behaviour – You agree to conduct yourself safely and respectfully while on premises and during all Program activities. Disruptive, abusive, or unsafe behaviour may result in suspension or termination without refund.

9.2 Compliance with Rules – You agree to comply with all facility rules, safety protocols, and staff instructions.

10. Intellectual Property

All materials, training plans, digital resources, and other content provided remain the exclusive property of KX Yorkville. Clients are granted a limited, revocable, non-transferable licence for personal use only. Commercial use, reproduction, or distribution is prohibited.

11. Assumption of Risk and Waiver of Liability

11.1 Assumption of Risk

You expressly acknowledge and agree that participation in the 12 Week Program, and in any related services or activities offered by KX Yorkville, involves strenuous physical exercise and exertion, which inherently carry risks that may include, but are not limited to: Musculoskeletal injuries (e.g., sprains, strains, tears, dislocations); Cardiovascular complications (e.g., fainting, heart attack, stroke); Respiratory issues; Slips, trips, and falls; Exposure to and aggravation of pre-existing medical conditions; and Other unforeseen or incidental risks that may result in temporary or permanent injury, disability, illness, or death.

You further acknowledge that:

a) No Guarantee of Results – KX Yorkville does not warrant or guarantee any specific outcomes from participation, including improvements in health, fitness, weight management, or performance.

b) Responsibility for Medical Clearance – It is your responsibility to consult a physician or qualified healthcare provider prior to participation, particularly if you have any pre-existing medical conditions, take medication, are pregnant, or have other health concerns.

c) Voluntary Participation – Your enrolment and participation are voluntary, and you knowingly and freely assume all risks, whether foreseeable or unforeseeable, associated with your participation.

11.2 Release and Waiver

To the fullest extent permitted by law, you hereby:

a) Release and Discharge – Release, waive, and forever discharge KX Yorkville, its directors, officers, employees, contractors, representatives, insurers, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, costs, expenses, or liabilities of any kind, whether known or unknown, arising out of or in connection with your participation in the Program.

b) Scope of Waiver – This waiver applies to claims based on negligence, breach of contract, or any other legal theory, except in cases where liability arises from the gross negligence or wilful misconduct of the Released Parties.

c) Third-Party Claims – You agree to indemnify and hold harmless the Released Parties against any claims brought by third parties (including family members, dependants, or insurers) arising from or related to your participation.

d) Acknowledgement of Facilities and Equipment – You acknowledge that the use of KX Yorkville’s premises, facilities, and equipment may carry additional risks, and you voluntarily assume full responsibility for any resulting injury, illness, damage, or loss.

11.3 Survival

This Section 11 shall survive the termination, cancellation, or expiration of your enrolment in the Program and shall remain binding to the maximum extent permitted by law.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms, and any dispute, controversy, or claim arising out of or in connection with them or with your participation in the Program, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws that would apply the laws of another jurisdiction.

12.2 Dispute Resolution and Arbitration

a) Good Faith Resolution – The parties agree to first attempt to resolve any dispute, controversy, or claim arising under these Terms (a “Dispute”) through good faith negotiations. You agree to notify KX Yorkville in writing of the nature of the Dispute at info@kxhealth.ca prior to commencing any formal proceedings.

b) Mandatory Arbitration – If the Dispute is not resolved within sixty (60) days of written notice, it shall be submitted to and finally resolved by binding arbitration in Toronto, Ontario, pursuant to the Arbitration Act, 1991 (Ontario), as amended from time to time.

c) Procedure –

The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing such agreement, appointed in accordance with the Arbitration Act, 1991 (Ontario).
The arbitration shall be conducted in the English language.
The arbitrator’s decision shall be final and binding on the parties and enforceable in any court of competent jurisdiction.
Each party shall bear its own legal costs, subject to the arbitrator’s discretion to award costs in accordance with applicable law.

d) Court Proceedings for Limited Matters – Notwithstanding the foregoing, either party may apply to a court of competent jurisdiction in Ontario for injunctive relief or to enforce intellectual property rights or confidentiality obligations.

12.3 Waiver of Jury Trial

To the fullest extent permitted by law, you waive any right to a trial by jury in any legal proceeding arising from or relating to these Terms.

12.4 Class Action Waiver

You acknowledge and agree that:

a) Individual Capacity Only – Any arbitration or legal proceeding shall be conducted solely in your individual capacity, and not as a plaintiff or class member in any purported class, representative, or collective action.

b) Waiver of Participation – You expressly waive any right to participate in, or to receive relief under, any class, collective, or representative action against KX Yorkville.

c) Severability – If any portion of this Section 12.4 is found to be unenforceable, the remainder of this Section shall continue in full force and effect to the maximum extent permitted by law.

13. Amendments

13.1 Right to Amend – KX Yorkville reserves the right, in its sole discretion, to amend, modify, or update these Terms, including Program pricing, policies, or rules, from time to time as it deems necessary or advisable to reflect changes in law, operational requirements, or business practices.

13.2 Notice of Amendments – Any amendments will be effective upon being posted on KX Yorkville’s official website at www.kxyorkville.com or otherwise communicated to you by reasonable means (including, without limitation, by email to the address on file or by notice within the MindBody booking system).

13.3 Effective Date – Unless otherwise stated in the amendment, all changes shall take effect immediately upon posting.

13.4 Deemed Acceptance – Your continued participation in the Program, use of services, or access to KX Yorkville facilities after the effective date of any amendments shall constitute your acceptance of such amendments and your agreement to be bound by them.

14. Contact Information

Questions regarding these Terms should be directed to:

KX Yorkville
263 Davenport Road
Toronto, ON, M5R 1J9

Email: info@kxhealth.ca
Phone: (416) 926-9757