TERMS OF SERVICE

These Terms of Service (the “Terms”) constitute a legally binding agreement between the individual purchasing, booking, or using Services (“you,” “your,” or the “Client”) and KX Yorkville / KX Health Inc. (“KX Yorkville,” “KX Health,” “we,” “us,” or “our”).

These Terms apply to all services, programs, memberships, packages, trials, consultations, facilities, and promotions, including but not limited to:

12 Week Program
Exercise Coaching
Physical Therapy
Osteopathic Manual Therapy
Hyperbaric Oxygen Therapy (HBOT)
Acupuncture & Cupping Therapy
IV Therapy
Bloodwork
Consultations (including Complimentary Consultations)
Memberships and Session Packages

Collectively, these are referred to as the “Services.”

Nothing in these Terms limits any non-waivable rights you may have under the Consumer Protection Act, 2002 (Ontario) (“CPA”). Where a conflict exists, the CPA prevails.

1. DEFINITIONS

For clarity and enforceability:

“Session” means any booked appointment, treatment, consultation, or service, whether attended, cancelled late, or missed.
“Trial Period” means a limited cancellation window expressly stated in these Terms.
“Unlimited” means access subject to availability, safety protocols, hours of operation, and staff discretion.
“Single-Session Rate” means the full retail price for a session in effect at the time the session is used.
“Complimentary” means a service offered at no purchase price but which reserves staff time, equipment, and facility resources.

2. ELIGIBILITY AND HEALTH ACKNOWLEDGEMENT

2.1 Age Requirement

Clients must be 18 years of age or older. Minors may participate only with prior written consent of a parent or legal guardian, who assumes full responsibility.

2.2 Health Disclosure

You represent that you are medically and physically capable of participating and that all relevant medical information has been disclosed. Participation is voluntary and undertaken at your own risk.

3. PAYMENT, FEES, AND AUTHORIZATION

3.1 Accepted Payment

Visa, MasterCard, American Express, and e-Transfer.

3.2 Credit Card on File

A valid credit card must remain on file at all times. By providing payment details, you authorize KX Yorkville to charge:

Installments
Late cancellations
No-shows
Pro-rated charges
Outstanding balances
Applicable penalties outlined herein

3.3 Taxes

All prices are subject to HST (Ontario).

3.4 Non-Payment

Failure to maintain valid payment authorization may result in immediate suspension or termination of Services without refund, subject to statutory rights.

SECTION A — 12 WEEK PROGRAM (PROGRAM-SPECIFIC TERMS)

4. PROGRAM STRUCTURE

The 12 Week Program includes a defined number of Sessions (typically 24–96 Sessions), including any promotional or Complimentary Sessions offered at the time of purchase.

5. TRIAL PERIOD AND REFUNDS

5.1 14-Day Trial Period

New Clients are entitled to a 14-calendar-day Trial Period, commencing on the purchase date.

5.2 Refunds During Trial Period

If cancelled within the Trial Period:

Sessions already used are deducted at $195 per session (before tax)
The remaining balance is refunded to the original payment method

5.3 No Refunds After Trial Period

After expiry of the Trial Period, all Program fees are fully earned, final, and non-refundable, regardless of:

Attendance or non-attendance
Medical circumstances
Dissatisfaction
Scheduling conflicts
Personal reasons

6. SESSION PACKAGES, VALUE, AND TRANSFERS

6.1 Packages

Packages may include 24–96 Sessions, including any promotional or Complimentary Sessions.

6.2 Transfers

Transfers require prior written approval and bind the transferee to these Terms.

6.3 Rate Adjustments

Unused monetary value does not expire; however:

Sessions redeemed later apply at current prevailing rates
The number of redeemable Sessions may be adjusted accordingly

SECTION B — HYPERBARIC OXYGEN THERAPY (HBOT)

7. HBOT MEMBERSHIPS AND PACKAGES

7.1 Non-Refundable HBOT Memberships

The following are non-refundable:

2-Week Unlimited HBOT
Unlimited Monthly HBOT Memberships

Once non-refundable, no refunds, credits, reversals, or chargebacks will be issued.

7.2 Unlimited HBOT Membership

Unlimited HBOT Membership is a month-to-month commitment. Pause or cancel your membership anytime by emailing info@kxhealth.ca at least 14 calendar days prior to renewal.

7.4 No Exceptions

Refunds will not be granted due to:

Medical changes or contraindications
Scheduling difficulties
Travel or relocation
Dissatisfaction or lack of perceived results

SECTION C — IV THERAPY

8. IV THERAPY POLICY

8.1 Nature of IV Therapy

IV Therapy involves medical-grade supplies, pharmacy-prepared compounds, clinical staffing, and regulatory oversight, many of which are allocated or incurred in advance.

8.2 No Refunds After Purchase

All IV Therapy services are non-refundable once purchased, including:

IV drips
IV add-ons
Push injections
IV packages or bundles

This applies regardless of whether the IV is administered, except where a refund is required by law.

8.3 Medical Deferral

If IV Therapy cannot be administered due to screening results, contraindications, or clinical judgment, KX may, at its discretion, defer the service or apply the value to an alternative IV-eligible service. No cash refunds will be issued.

SECTION D — BLOODWORK

9. BLOODWORK POLICY

9.1 Nature of Bloodwork Services

Bloodwork involves third-party laboratory processing, consumables, logistics, and administrative handling, many of which are incurred immediately upon purchase or sample collection.

9.2 No Refunds After Purchase

All Bloodwork services are non-refundable once purchased, including panels, add-ons, and phlebotomy fees.

No refunds will be issued due to:

Client no-shows
Ineligibility discovered after purchase
Failure to complete testing
Dissatisfaction with results

9.3 Completion of Service

Once a sample is collected or a laboratory requisition is submitted, the service is deemed fully rendered.

SECTION F — ACUPUNCTURE & CUPPING THERAPY

10. ACUPUNCTURE & CUPPING POLICY

10.1 Nature of Services

Acupuncture involves the insertion of sterile, single-use needles at specific points on the body. Cupping Therapy involves the application of suction cups to the skin. Both are performed by a qualified naturopath and may involve temporary skin marking, bruising, redness, or minor discomfort as an expected outcome of treatment.

10.2 Health Screening and Suitability

These treatments may not be suitable for all Clients. Prior to treatment, you must disclose all relevant medical conditions, including but not limited to pregnancy, bleeding disorders, use of blood-thinning medication, skin conditions, or any implanted medical devices. KX Yorkville reserves the right to decline or modify treatment based on clinical judgment.

10.3 Sale and Pricing

Acupuncture and Cupping Therapy may be sold as single sessions or as packages. Sessions redeemed from a package apply at prevailing rates in effect at the time of use.

10.4 Taxes

Acupuncture and Cupping Therapy are rendered by a registered naturopath and are exempt from HST. No tax is applied to these Services.

10.5 Refunds

Single sessions are non-refundable once rendered. Unused package value does not expire but is subject to the rate adjustment terms in Section 6. No refunds will be issued due to dissatisfaction, medical changes, scheduling difficulties, or lack of perceived results.

10.6 Cancellation

The standard 24-hour cancellation policy in Section 11 applies. Late cancellations and no-shows are treated as Sessions attended.

SECTION E — GENERAL BOOKING & FACILITY POLICIES

11. STANDARD BOOKING & CANCELLATION POLICY

11.1 Booking Platform

All bookings must be made via MindBody or onsite.

11.2 Cancellation Policy

24 hours’ notice required for all cancellations or rescheduling
Late cancellations and no-shows are treated as Sessions attended
If Client has an active Unlimited HBOT Program (2 Week or Monthly) and a late cancellation occurs, they will be subject to $75 plus tax fee.
No exceptions for illness, emergencies, or weather

12. COMPLIMENTARY INITIAL CONSULTATIONS

12.1 Booking Acknowledgement

Complimentary Initial Consultations reserve staff time and facility resources.

12.2 No-Show and Late Cancellation Fee

If a Client fails to attend or cancels within 24 hours of a Complimentary Initial Consultation:

A $50.00 + HST fee will be charged to the credit card on file

This fee applies regardless of reason and is not waived.

13. CONDUCT, SAFETY, AND TERMINATION

KX Yorkville may refuse, suspend, or terminate Services for unsafe, abusive, or non-compliant conduct without refund, subject to statutory rights.

13A. INFORMED CONSENT, CONSENT TO TOUCH & SERVICE-SPECIFIC TERMS

By booking, purchasing or participating in a service at KX Yorkville, you acknowledge that you have reviewed the information applicable to the service you have selected and consent to the assessments, procedures and physical contact reasonably associated with that service, subject to the terms below.

You understand that your consent is voluntary and ongoing. Before beginning an assessment or treatment, your KX practitioner or service provider may review the proposed service with you, explain any material changes or additional procedures and confirm your consent verbally.

You have the right to ask questions, decline any part of an assessment or treatment, request a modification, or withdraw your consent at any time.

Your consent to one service or procedure does not constitute consent to a materially different service or procedure.

13A.1 General Consent to Physical Contact

You understand that certain KX services require appropriate professional physical contact for assessment, treatment, measurement, positioning, exercise instruction, safety or administration of the service.

Depending on the service, physical contact may include touching, palpation, assisted movement, positioning of the body, skinfold measurement, manual therapy, placement of treatment equipment, needle or catheter insertion, or access to the area of the body being assessed or treated.

Where appropriate, your provider will explain the nature and purpose of physical contact before proceeding.

You may request that contact stop or be modified at any time.

Where access to an area normally covered by clothing is required, the provider will explain why access is necessary and will use appropriate positioning, clothing adjustment and/or draping.

13A.2 Exercise Coaching & Functional Movement Assessment

Exercise Coaching and Functional Movement Assessments may include movement testing, strength and mobility testing, postural assessment, exercise demonstration, assisted movement, spotting and tactile cueing.

Potential temporary effects may include muscular soreness, fatigue, temporary discomfort, dizziness or aggravation of an existing injury or condition.

You are responsible for informing your coach of any injury, medical condition, pain or change in health that may affect your ability to exercise safely.

Alternative exercises, cueing methods or modifications may be available depending on your circumstances.

13A.3 Metabolic Analysis & Body Composition Assessment

Metabolic and body-composition assessments may involve body measurements and skinfold measurements using calipers at various anatomical sites.

Measurements may require physical contact with the skin and temporary adjustment of clothing to access areas including the arms, torso, back, hip or thigh.

Skinfold assessment may cause brief pressure, pinching, minor tenderness or temporary redness.

You may decline measurement at any particular site. If sufficient measurements cannot be obtained, KX may be unable to complete or accurately interpret the assessment.

13A.4 Osteopathy, Fascial Stretch Therapy, MAT & Manual Therapy

Manual therapy assessments and treatments may include palpation, movement assessment, assisted stretching, resistance testing, soft-tissue techniques, joint positioning or mobilization and other hands-on techniques appropriate to the provider’s training and scope.

Possible temporary effects can include soreness, tenderness, stiffness, fatigue, temporary aggravation of symptoms, bruising or light-headedness.

Treatment outcomes cannot be guaranteed.

Depending on the proposed treatment, alternatives may include modification of the technique, exercise-based treatment, another form of manual therapy, referral to another practitioner or declining treatment.

Your provider will explain any technique that differs materially from the treatment previously discussed and obtain your consent before proceeding.

13A.5 Physiotherapy

Physiotherapy may include assessment, movement testing, exercise prescription, manual therapy, therapeutic techniques and other interventions considered appropriate by your physiotherapist.

Potential risks and side effects depend on the treatment provided and may include temporary discomfort, soreness, fatigue, bruising, temporary aggravation of symptoms or other treatment-specific risks.

Your physiotherapist will explain the proposed treatment, its expected benefits, material risks and reasonable alternatives before proceeding where required.

You may decline or discontinue any component of treatment.

13A.6 Acupuncture, Dry Needling, Electroacupuncture & Cupping

These services may involve palpation and exposure of the treatment area, insertion and removal of sterile single-use needles, electrical stimulation of acupuncture needles where applicable, and/or application of cups to the skin.

Possible effects and risks include temporary discomfort, bleeding, bruising, soreness, redness, dizziness, fainting, temporary aggravation of symptoms and, less commonly, infection or injury to underlying structures.

Certain acupuncture or dry-needling locations carry rare but potentially serious risks, which your practitioner will discuss where relevant to the proposed treatment.

Cupping commonly causes temporary circular discolouration or bruising of the skin.

You must inform your practitioner about pregnancy, medications including blood thinners, bleeding disorders, implanted electrical devices, infections, recent surgeries and other medical conditions that may affect treatment.

Alternative options may include modification of treatment, non-needle techniques, other therapies or declining treatment.

13A.7 IV Nutrition Therapy & Injectable Services

IV Nutrition Therapy involves insertion of an intravenous catheter into a vein and administration of prescribed fluids and/or nutrients. Injectable services may involve intramuscular or other authorized injections.

Possible risks include discomfort, bleeding, bruising, swelling, infiltration, vein irritation or phlebitis, infection, dizziness, fainting and allergic or adverse reactions.

Although uncommon, serious reactions may occur and may require medical attention.

Your treating practitioner will assess your eligibility and may determine that treatment should be modified, postponed or declined based on your health history, medications, laboratory results or other clinical considerations.

You must provide complete and accurate health information and report any new symptoms, medications, allergies or medical conditions before treatment.

Alternative options may include oral supplementation, modification of the proposed treatment, referral to another health-care provider or declining treatment.

13A.8 Hyperbaric Oxygen Therapy

Hyperbaric Oxygen Therapy involves breathing oxygen-enriched air while inside a pressurized chamber.

Possible temporary effects may include pressure or discomfort in the ears or sinuses, difficulty equalizing pressure, fatigue, light-headedness or temporary changes in vision.

Some medical conditions may make hyperbaric treatment inappropriate or require medical clearance.

You are responsible for completing the required screening information accurately and informing KX of changes in your health or medications before treatment.

You may stop a session at any time, subject to the safe depressurization procedures required for the chamber.

13A.9 No Guarantee of Outcome

You acknowledge that responses to exercise, assessment, wellness and health-care services vary between individuals.

KX and its practitioners do not guarantee any specific health, therapeutic, performance or aesthetic outcome.

13A.10 Ongoing Consent and Right to Withdraw

Consent is an ongoing process and not solely the signing of this document.

You are encouraged to ask questions before or during any service.

You may withdraw your consent to any assessment, physical contact, procedure or treatment at any time.

If you withdraw consent to an element that is necessary to safely provide the service, KX or the treating practitioner may discontinue the service and discuss available alternatives.

By accepting these Terms, you confirm that:

you have had the opportunity to review the information applicable to the services you intend to receive;
you understand that different services involve different procedures, benefits and risks;
you have had or will have the opportunity to ask questions before treatment;
you understand your right to decline or withdraw consent at any time; and
you consent to the assessments, procedures and professional physical contact described above, subject to ongoing confirmation with your provider where appropriate.

14. ASSUMPTION OF RISK AND WAIVER OF LIABILITY

You voluntarily assume all risks associated with participation, including injury, illness, disability, or death. To the fullest extent permitted by law, you release and indemnify KX Yorkville and its representatives from all claims except those arising from gross negligence or wilful misconduct. This section survives termination.

15. CHARGEBACKS AND PAYMENT DISPUTES

You agree not to initiate chargebacks for Services governed by these Terms. Improper chargebacks may result in suspension and recovery of administrative costs, where permitted by law.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Ontario and Canada. Disputes must first be addressed through good-faith negotiation. If unresolved, disputes shall be resolved by binding arbitration in Toronto, Ontario, under the Arbitration Act, 1991 (Ontario). You waive the right to jury trial and participation in class actions.

17. AMENDMENTS

KX Yorkville may amend these Terms at any time. Continued use of Services constitutes acceptance of amended Terms.

Last Updated: January 23, 2026

18. CONTACT INFORMATION

KX Yorkville / KX Health Inc.
263 Davenport Road
Toronto, ON M5R 1J9
info@kxhealth.ca
(416) 926-9757