ROOM38 Terms and Conditions

Effective as of September 2026 |  ROOM38 Pilates Studio Inc.

These Terms and Conditions (the “Terms”) govern purchases from and participation in services offered by ROOM38 Pilates Studio Inc. (“ROOM38”, “we”, “us” or “our”), including our Ontario studio, classes, private sessions, events, website and booking application (the “Services”). Please read them before purchasing or booking. Each purchase is subject to these Terms and the product-specific details displayed before payment in the Purchase Summary.

1 Agreement and statutory rights

1.1 Each purchase is subject to these Terms and the product-specific details displayed before payment (the “Purchase Summary”). The Purchase Summary forms part of the agreement and identifies the applicable Services, price, payment terms, expiry, cancellation and booking rules. If there is a conflict, mandatory law prevails, followed by the Purchase Summary, these Terms and then the Studio Policies for operational matters. The Participant Waiver governs participation-risk assumptions and releases only; it does not change purchase, payment, refund or statutory rights. The Privacy Policy governs personal-information practices and is not a release of privacy rights.

1.2 Nothing in this agreement excludes, restricts or waives any right, remedy, warranty or obligation that cannot lawfully be excluded, including rights under Ontario's Consumer Protection Act, 2002 and its regulations, as amended from time to time. All provisions concerning cancellation, refunds, expiry, payment, indemnity, liability and disputes are subject to those rights. You retain any applicable right to commence or participate in court proceedings, including a class proceeding.

1.3 We will give you an opportunity to review and correct your purchase details before acceptance and provide a copy of your agreement in a form you can retain. Merely browsing our website does not authorize recurring payments or constitute acceptance of a participation waiver.

1.4 Participation may also be subject to ROOM38’s intake, safety acknowledgement or the ROOM38 Participant Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement (the “Participant Waiver”), presented before participation. Any separate release applies only when validly accepted. These Terms govern purchases and operations; they do not replace the intake process or Participant Waiver. Neither these Terms nor the Participant Waiver limits non-waivable rights.

1.5 If a purchase is a personal development services agreement or other consumer agreement regulated by Ontario law, the Purchase Summary and checkout process will include the information, statements, delivery method and cancellation rights required by that law. Before acceptance, we will display the supplier identity and contact information, the Services, the total price and mandatory charges, the payment schedule, the term, renewal mechanics, expiry rules and applicable cancellation or refund rights. You will be able to review and correct the agreement before accepting it and receive a copy in a form you can retain. A failure to include a required statement or provide a required copy does not waive any statutory remedy and may give rise to cancellation or other rights under applicable law.

2 Eligibility and accounts

2.1 You must be at least 18 to purchase or participate in the Services. ROOM38 does not offer the Services to minors.

2.2 Give accurate registration, billing and contact information and keep it current. Keep your login credentials confidential, do not share your account and promptly notify us of suspected unauthorized use. You are responsible for bookings and purchases you make or authorize through your account, but this does not make you liable for unauthorized transactions for which the law does not impose liability.

2.3 Each participant must have an individual registration and complete the applicable intake and safety process and separately accept the Participant Waiver before participating, including guests and participants whose bookings are paid for by someone else. Buying a class for another person does not authorize you to release that person’s claims.

3 Purchases and access

3.1 The Purchase Summary will identify the Service, included classes or credits, eligible modalities and locations, price in Canadian dollars, taxes, other mandatory charges, activation or start date, duration, expiry and any recurring billing or minimum commitment. All monthly memberships have an initial minimum commitment of three billing months, as described in section 5.2. No other minimum commitment or automatic renewal applies unless expressly disclosed and accepted before purchase.

3.2 Memberships and packages provide the stated booking entitlement, subject to available capacity and reasonable booking rules. They do not guarantee a particular class, time, instructor, apparatus or result. An “unlimited” membership means access within its disclosed scope and booking limits, not a guaranteed place in every class.

3.3 Memberships and credits are personal and may not be sold, shared or transferred without our written approval, except where the Purchase Summary expressly permits a guest booking or transfer. Any approved transfer remains subject to registration, eligibility and Waiver requirements.

3.4 Introductory offers are limited to first-time customers. Each person may purchase only one Intro Offer and may not purchase both Intro Offers. An Intro Offer must be activated within 30 days of purchase and then runs for 14 consecutive calendar days from first eligible use. It does not auto-renew or convert into a recurring membership and generally cannot be frozen, paused or extended. A timely cancellation restores the applicable credit for use within its original 14-day validity period; a late cancellation or no-show forfeits that credit. The applicable offer and price will be stated in the Purchase Summary.

3.5 A Founding Membership’s founding price and associated benefits remain available only while the membership is continuously active and in good standing. An approved freeze preserves the founding price. If the membership is cancelled or terminated, the founding price and associated benefits are forfeited. Any later re-enrolment is at the membership options and pricing then available. A requested change to a Founding Membership preserves founding pricing only if the applicable founding tier remains available; otherwise, then-current pricing applies.

3.6 You may request to upgrade or downgrade a membership. An upgrade may take effect immediately or at the next billing cycle, and a downgrade generally takes effect at the next billing cycle, as stated in the Purchase Summary. Any change is subject to availability and the price and terms disclosed for the changed membership.

3.7 For a membership purchased before the Studio opens, the membership activates on the fixed activation date stated in the Purchase Summary, in accordance with the studio’s official opening date. The initial payment is applied to the first membership month, subject to applicable law, and no additional recurring payment is due before activation or until the first monthly renewal following activation. A membership purchased after the Studio opens starts on the activation date stated in the Purchase Summary, ordinarily the purchase date, unless otherwise specified.

4 Payments and recurring billing

4.1 You authorize us and our payment processor to charge your selected payment method for the amounts disclosed and accepted in the Purchase Summary, including all mandatory taxes and fees. An Annual Prepaid Membership may be paid in full at purchase, including in the studio, and does not create recurring monthly charges. For a recurring membership, charges are limited to the stated recurring amount and applicable taxes on the stated billing dates until valid cancellation or expiry. Separate late-cancellation, no-show or other charges may be collected only if their amount and triggering circumstances were disclosed and accepted before the relevant purchase or booking. We will not charge a payment method after cancellation takes effect, except for an amount properly owing for a prior period or a charge lawfully triggered before cancellation.

4.2 Your Purchase Summary must state the billing interval, initial and subsequent charge dates, initial term and any minimum commitment. Subject to section 5 and mandatory law, a recurring membership continues only for the renewal periods expressly agreed in the Purchase Summary. We will give any renewal notice and cancellation opportunity required by law. A free or discounted trial will not convert to paid recurring billing without clear disclosure and express authorization of that conversion, its date, the resulting charges and the cancellation method. Accepted payment methods and any upfront annual-payment option will be disclosed before payment. ROOM38 does not use pre-authorized bank-account debit transactions under these Terms.

4.3 Keep a valid payment method on file while sums are payable. If a payment fails, we may notify you, retry that authorized charge and suspend new bookings or attendance while the payment remains outstanding. A failed-payment charge applies only if specifically disclosed and lawful. Suspension does not authorize charging for periods in which we permanently cease providing the contracted Services.

4.4 Notify us promptly of a suspected billing error. We may investigate and correct verified errors, but this process does not restrict statutory remedies or legitimate payment-card dispute rights. No amount will be recovered twice.

4.5 We may change prices for new purchases. We will not increase an existing fixed-term price during its agreed term. For an eligible renewal or month-to-month membership, we will give at least 30 days’ written notice of a proposed price increase, or longer if required by law, identifying the new amount and effective date. You may cancel before it takes effect without a charge attributable to the increase. We will obtain further agreement where required by law.

4.6 Optional recurring add-ons are separate purchases. The Purchase Summary will state the add-on amount, billing interval, renewal and cancellation terms. Cancelling an add-on does not cancel the underlying membership.

5 Membership cancellation and freezes

5.1 You may give notice of cancellation by emailing info@room38.ca or using the cancellation function in your account if available. Include enough information to identify your account. We will acknowledge your request, but failure to acknowledge it does not invalidate an otherwise effective notice. Statutory notices may also be given by any method permitted by law.

5.2 All monthly memberships have an initial minimum commitment of three billing months, as shown in the Purchase Summary. You must give at least 30 days’ written notice to cancel a monthly membership. If another billing date falls within the 30-day notice period, that payment will still be processed and the membership will remain active through the applicable paid billing cycle. Unless a statutory cancellation right or an early-cancellation right expressly stated in the Purchase Summary applies, cancellation takes effect on the later of the end of the minimum commitment and the end of the 30-day notice period. We will not accelerate future instalments as a cancellation penalty. Annual prepaid memberships are governed by section 5.6 and do not automatically renew.

5.3 Cancelling a class, uninstalling the application or ceasing attendance does not cancel a membership. After effective cancellation, no new renewal charges will be collected; amounts properly owing for the period before cancellation remain payable. Access continues through the paid period unless separately suspended for cause.

5.4 Subject to statutory rights and any express Purchase Summary entitlement, fees for an already commenced billing period are not prorated solely because you stop attending or voluntarily cancel mid-period. This does not exclude refunds for cancellation under law, our failure to provide Services, or sections 8 and 10.

5.5 A freeze is available for up to 90 days per request, subject to our written approval and any accommodation obligations. You must request the freeze in advance. During an approved freeze, billing and access are paused, and the approval will state the dates, any disclosed fee, the effect on credits and the commitment period, and the automatic resumption date. At least one full active billing cycle must elapse before another freeze, unless otherwise required by law or approved as an accommodation. An approved freeze preserves a Founding Membership price under section 3.5. There is no freeze charge or extension of a commitment unless disclosed and accepted. We may seek reasonable supporting information relevant to a medical accommodation without requiring unnecessary diagnostic details.

5.6 An Annual Membership is active for 12 consecutive months from its activation date and does not automatically renew. ROOM38 may offer an Annual Membership on a prepaid basis or through equal monthly instalments. Where the Annual Membership is a personal development services agreement, ROOM38 will make available at least one equal-monthly-instalment option as required by applicable law. The total amount payable under an instalment option may differ from the prepaid annual price, including where a discount is offered for prepayment, provided the instalment option complies with applicable law. The price, total payment obligation, billing dates and payment terms for each option will be disclosed before purchase. Any renewal is a new purchase at the membership options, prices and terms then available. Any monthly Reformer or Recovery allowances reset monthly during the annual term. If the Purchase Summary offers an exceptional early-termination right for a significant medical circumstance or permanent relocation, ROOM38 may require reasonable supporting information and will calculate any refund by applying the applicable regular monthly membership rate to the period and allowances used, less amounts lawfully owing. This section is subject to all statutory cancellation, rescission, refund and instalment rights.

6 Credits and packages

6.1 Class Packs are active on purchase, do not auto-renew and may be used only for the Services and locations stated at purchase. The Purchase Summary will state the pack quantity and expiry date. Flex 5 is valid for 60 days from purchase and Flex 10 is valid for 90 days from purchase. If no lawful expiry is disclosed before purchase, we will not impose one retroactively.

6.2 Unused monthly membership credits do not roll over. Unused package or other credits also do not roll over unless the Purchase Summary says otherwise. Subject to section 1.2 and our express obligations in these Terms, purchases are final and unused credits are not redeemable for cash or refundable solely because your circumstances or preferences change. We may grant discretionary extensions or credits without establishing an entitlement in other cases.

6.3 Monetary gift cards are distinct from service credits and promotional offers and do not auto-renew. Their amount, permitted uses and any lawful expiry or other conditions will be disclosed before purchase. No expiry or fee will apply to a gift card where prohibited by law. Any lawful conditions on a specific-service voucher or promotional credit must be disclosed before it is obtained.

6.4 Retail products are separate purchases. The product description, price, taxes and any applicable return or exchange conditions will be displayed before purchase. Nothing in these Terms excludes statutory rights relating to defective, misdescribed or otherwise non-conforming goods.

6.5 Single Drop-Ins are one-time purchases, do not auto-renew and expire 60 days from purchase unless otherwise stated in the Purchase Summary. A timely cancellation returns the Drop-In for use within its original validity period; a late cancellation or no-show forfeits it.

7 Bookings and attendance

7.1 Book through our authorized channels. A booking is confirmed only when it appears as confirmed in your account or we issue confirmation. Booking windows and any maximum number of simultaneous reservations will be disclosed before purchase. Overlapping bookings, placeholder bookings and reserving ineligible Services are prohibited.

7.2 A waitlist place is not a confirmed reservation. The applicable waitlist process, including any automatic-promotion cut-off, final-hour standby process and closing time, will be disclosed in the booking flow or Studio Policies. You are responsible for removing yourself if no longer available. We will send notice of any promotion. After the automatic-promotion cut-off, we will seek your confirmation before assigning a place that carries a late-cancellation or no-show consequence.

7.3 Arrive and check in before the scheduled start time. We may refuse late entry for safety or disruption reasons and give an unclaimed place to another customer. Refusal of late entry is treated as a no-show only under the rule disclosed for that booking. Let us know if an accessibility-related adjustment is needed.

7.4 Cancel through the booking application or by contacting the studio using the channels specified in your booking confirmation. Timeliness is measured when the cancellation reaches the designated channel, in the studio’s local time. If a technical problem prevents cancellation, email info@room38.ca promptly with details; we will consider reliable evidence of a timely attempt.

7.5 A cancellation received less than 12 hours before the scheduled start, including a requested time change, is a late cancellation. Failure to attend and check in is a no-show. For an Unlimited Hot Mat membership, a late cancellation fee of $15 and a no-show fee of $20 apply. For a Reformer or Recovery booking made using an allowance or credit, the applicable allowance or credit is forfeited. For a Class Pack or Drop-In, a timely cancellation returns the applicable class or Drop-In for use within its original validity period; a late cancellation or no-show forfeits it. For other products, the consequence stated at booking or in the Purchase Summary applies. Only one consequence applies to the same missed booking unless a different combination was prominently disclosed and expressly accepted before booking. No charge or forfeiture applies when we cancel the class.

8 Changes and studio closures

8.1 We may make reasonable timetable changes, substitute suitably qualified instructors or equipment, and cancel individual sessions because of staffing, safety, maintenance or insufficient attendance. For a cancelled credit-based session, we will restore the credit and reasonably extend its expiry if needed. For a separately purchased session, we will offer rescheduling or a refund if no suitable replacement can be agreed. We do not reimburse incidental travel or other consequential expenses except where legally required.

8.2 Temporary closure resulting from utility interruption, emergency, public-health direction, building restrictions or circumstances beyond our reasonable control may interrupt Services. We will notify affected customers as reasonably practicable. For a full suspension of membership access, we will pause the affected recurring charges or provide an equivalent extension or proportionate refund, as appropriate to the payment arrangement and applicable law. We will extend affected package validity for the period access is unavailable.

8.3 If we permanently cease the contracted Services or materially reduce them without an agreed substitute, you may cancel the affected agreement and receive a proportionate refund of unused prepaid Services, subject to any more favourable legal entitlement. The force-majeure provision in section 8.2 does not authorize indefinite billing without Services.

9 Safe participation, modalities and studio conduct

9.1 Follow reasonable instructor directions, equipment instructions, safety notices and applicable building or event rules communicated to you. Use equipment only as instructed and do not adjust unfamiliar apparatus without assistance. Do not participate while impaired or engage in conduct that endangers yourself or others.

9.2 You are responsible for deciding whether to participate within your abilities, seeking appropriate professional advice about suitability and telling your instructor about limitations relevant to safe participation. You may decline a movement or hands-on correction and should stop if you experience pain, dizziness or other concerning symptoms. Fitness instruction is not medical diagnosis or treatment, and no specific health or fitness result is promised.

9.3 Services currently include heated mat Pilates and yoga, reformer classes, cold plunge and sauna services. These activities involve additional risks, including heat-related illness, dehydration, burns, falls, equipment-related injury, cold shock, fainting and other adverse reactions. Follow all modality-specific screening, intake, safety instructions and equipment directions. We may require an orientation or suitability discussion, modify an activity or refuse participation where reasonably necessary for safety, subject to our accommodation obligations. Tell us about accommodation needs so that we can consider appropriate arrangements. We do not require blanket representations that every participant is free of disability or medical conditions.

9.4 Treat staff and other participants respectfully. Harassment, discrimination, threats, violence, deliberate damage, unauthorized commercial activity and recording others without their consent are prohibited. Recording is never permitted in changing areas or washrooms. You are responsible for reasonable repair costs for damage you intentionally or negligently cause, excluding ordinary wear.

9.5 Keep personal belongings secure and do not bring valuables unnecessarily. We do not undertake to insure or safeguard them. Liability for loss remains subject to the separately accepted Waiver and mandatory law.

10 Suspension and termination

10.1 We may immediately suspend participation where reasonably necessary to protect safety, investigate suspected fraud or address serious misconduct. For other remediable breaches, we will ordinarily notify you and provide a reasonable opportunity to correct the issue before terminating access.

10.2 We may terminate for a material breach that is not corrected after notice, or immediately for serious misconduct, fraud, material safety risk, non-payment, membership sharing or misuse, repeated booking-policy violations, unsafe or abusive conduct, or a material violation of Studio Policies. We will explain the reason, subject to lawful privacy and safety restrictions. We may recover amounts properly due and proven loss for which you are legally responsible, but termination does not automatically forfeit every unused prepaid amount or authorize a penalty.

10.3 If we terminate for convenience rather than your breach, we will stop future billing and refund unused prepaid Services on a proportionate basis. Any accounting on termination for breach remains subject to applicable law and no double recovery.

11 Liability and indemnity

11.1 The separately accepted Participant Waiver contains the assumption of participation risks and release of claims, including specified negligence claims. Nothing here expands it beyond lawful limits or substitutes for its separate acceptance.

11.2 To the fullest extent permitted by law, and subject always to section 1.2, ROOM38 and its directors, officers, employees and instructors are not liable for indirect, consequential, special or punitive damages arising from the Services, including loss of profit or business opportunity. For claims unrelated to personal injury or death, and only to the extent a limitation is permitted by law, their total aggregate liability arising from the same event or related events is limited to the greater of $500 and the fees you paid ROOM38 for Services in the six months before the event.

11.3 The exclusions and cap in section 11.2 do not apply to fraud, wilful misconduct, gross negligence, personal injury or death, statutory warranties or remedies, amounts we are required to refund, or liability that cannot lawfully be excluded or limited. The Participant Waiver addresses participation risks and releases only when separately and validly accepted; it does not expand this limitation or remove any mandatory right.

11.4 You will indemnify ROOM38 and its directors, officers, employees and instructors against third-party claims and reasonable resulting legal costs to the extent caused by your unlawful conduct, intentional misconduct, negligent damage to another person or property, or material breach of these Terms. Your indemnity does not apply to the extent a claim was caused by the negligence, wilful misconduct or breach of ROOM38 or another indemnified party, and does not require you to reimburse a claim you are legally entitled to bring or surrender a non-waivable right. We will notify you of the claim, reasonably cooperate and not agree to a settlement imposing obligations on you without your consent, not to be unreasonably withheld.

12 Digital services and privacy

12.1 You may use our website, application and content for lawful personal purposes. ROOM38 and its licensors retain their intellectual-property rights. Do not copy or commercially exploit our content, interfere with systems, scrape personal information or attempt unauthorized access.

12.2 Digital Services may be unavailable temporarily and third-party platforms may have their own terms. We do not guarantee uninterrupted or error-free access. Use the studio contact channel for assistance. A third-party platform’s terms do not displace our obligations to you for Services we sell or our responsibility for personal information under applicable law.

12.3 Our Privacy Policy at room38.ca/privacy explains how we handle personal information. Accepting these Terms does not itself authorize optional marketing, use of your likeness in promotions or unrelated use of health information. Those choices are addressed separately. Transactional notices about your account, bookings and agreement may be sent electronically, subject to applicable law.

13 Text Messaging Terms

13.1 Program Description - By opting in, you agree to receive recurring automated text messages from ROOM38 ("we," "us," "our") at the mobile number you provided. Messages may include appointment reminders, order updates, account alerts, promotional offers, customer support follow-ups, etc. Consent to receive these messages is not a condition of any purchase.

13.2 Message Frequency - You may receive up to 12 messages per month. Message frequency may vary depending on your activity and interactions with us.

13.3 Message and Data Rates - Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.

13.4 How to Opt Out and Get Help - You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at info@room38.ca.

13.5 Carrier Liability Disclaimer - Carriers are not liable for any delayed or undelivered messages.

Link to Privacy Policy: https://www.room38.ca/privacy

14 Changes and general provisions

14.1 We may update these Terms for future purchases. Material changes to an ongoing agreement will be communicated directly on at least 30 days’ notice, or longer where required by law. No change will retrospectively remove purchased rights, impose an undisclosed fee or broaden an accepted release. We will obtain fresh acceptance where required. If a lawful proposed change materially disadvantages an ongoing member, the member may cancel before it takes effect without a change-related penalty.

14.2 This agreement is governed by Ontario law and the federal laws of Canada applicable in Ontario. Ontario courts have jurisdiction, subject to any right under mandatory law to proceed elsewhere. No mandatory arbitration or class-action waiver is imposed.

14.3 If a provision is unenforceable, it is severed only to the extent necessary, and the rest continues where legally possible. Failure to enforce a provision once does not waive it. These Terms and your Purchase Summary constitute the purchase agreement, without excluding legally binding representations or statutory rights. The separately accepted Waiver continues according to its terms for participation while in force.

14.4 We may assign this agreement with a transfer of the business if the successor assumes our obligations and your rights are not reduced, subject to applicable law. You may not assign it except as expressly permitted. Accrued payment obligations and provisions intended to survive, including lawful liability limitations and dispute provisions, survive termination.

14.5 Contact ROOM38 Pilates Studio Inc. at info@room38.ca or Retail 5, 4225 Confederation Parkway, Mississauga, Ontario L5B 0P9. Telephone: [●]. Notices may also be given by any method permitted by applicable law.