TERMS AND CONDITIONS

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.embody.com, the embody mobile application, or any other websites or applications (the “Site”) operated by embody Inc. (“embody”, “us”, “we”, or “our”), or accessing any of our Facilities.

Embody operates as a  fitness, wellness, recovery, and lounge facility (“Facilities”). Access to our Facilities can be obtained or purchased through various manners, including special offers, monthly memberships, credits, gift card offers, or any other means made available by embody from time to time. Irrespective of how you obtained access, your use of our Site and Facilities will be governed by these Terms of Service.

Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of or purchases made on the Site or at our Facility (“embody Services”). You are only authorized to use the embody Services (regardless of whether you access or use as intended) if you agree to abide by all applicable laws and to these Terms of Service.

Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of embody Services immediately.

YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2024: 

This Agreement is subject to the Consumer Protection Act, SNB 2024, which received Royal Assent on June 7, 2024, which provides consumers with cancellation rights in respect of gym memberships over a prescribed amount. Recurring memberships will be billed every 30 days from the date of purchase and will continue until cancelled in accordance with this Agreement. To cancel, you must provide Embody with written notice by email to Info@embodylagree.fitness  at least 30 days, or one billing period prior to the desired cancellation date. Upon signature of this Agreement, whether in person or online, you may cancel at any time provided that Embody receives the required 30 days’ advance written notice. Auto-renewing memberships are not subject to refunds.

ACCOUNTS AND MEMBERSHIP ELIGIBILITY

ACCOUNT TERMS: In order to access some features of the Site or the Facilities, you will have to create an embody account and you will be asked to choose a password. When creating your account, you must provide accurate and complete information. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify embody immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You may never use another person’s account without permission.

You are strictly prohibited from the possession of multiple embody accounts, including accounts with varying account holder names, email addresses, phone numbers or physical addresses. The creation of multiple accounts to gain access to discounts or promotions is strictly prohibited. Accounts in breach of these Terms and Conditions may, without prior warning, be subject to a rectification fee, charged for the full value of products or services received, or be merged or cancelled at embody’s sole discretion.

AGE RESTRICTIONS: Membership is void where prohibited. This Site is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using embody Services or the Site, you represent and warrant that you are 18 or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors under the age of 18 may register only for specific classes as designated by Embody, and in such cases must complete registration on our Site with the involvement of a parent or guardian.

MOBILE APP: The embody Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase embody products and services via your mobile phone, (ii) the ability to receive and reply to embody messages, (iii) the ability to browse embody content from your mobile phone and (iv) the ability to access certain embody features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile App”). We do not charge for the Mobile App. However, your carrier’s normal messaging, data and other rates and fees will still apply.

FEES AND CHARGES

You acknowledge that embody charges fees for certain embody Services and agree to pay for the fees due in relation to each embody Service you have selected. When paying by credit card, you consent to your credit card being pre-authorized for the amount selected.

Some of our fees are charged on a one-time per purchase basis (e.g. Single class passes, credit packages, merchandise, certain spa services) whereas other fees are charged on a recurring basis (e.g., monthly memberships). Embody reserves the right to change its fee schedule at its discretion. Where required by applicable laws, embody will provide prior notice and an opportunity for members to terminate their memberships prior to certain changes. 

MEMBER SERVICES AND FACILITY POLICIES

The following policies and Code of Conduct apply to the purchase of products, services and use of our Facilities. Members (which includes customers who purchase or obtain temporary passes and access to our Facilities) who are found in violation of these policies or the Code of Conduct (including in relation to access rules, guest allowances, access card sharing or workspace behaviour) will be contacted by management and asked to correct the violation.

Embody reserves the right to limit, cancel or refuse access to all or a portion of the Facilities if you or your guest are found in violation of its policies or Code of Conduct without further notice. In such cases, a refund may be issued in embody’s sole discretion.

CREDITS: All classes and credit packages are non-refundable. Fundraiser class credits cannot be used for event(s) or class(es) other than that specified at the time of purchase, and expire at the conclusion of the fundraising event/class. If you are on a monthly membership and wish to purchase additional credits, you may do so at posted rates. Credits can be used to book services for people other than the account holder.

MEMBERSHIP: Subject to the statutory right of cancellation above, all monthly membership packages are non-refundable. Monthly memberships can be canceled anytime by contacting us via email, phone, or in person at the Facilities.

CLASS BOOKING CANCELLATIONS: Reservations for classes must be changed or cancelled at least 12 hours prior to the scheduled start time. Changes or cancellations that occur within 12 hours of a class start time will be subject to a late cancellation fee. Classes booked with a credit are subject to loss of the credit for a late cancellation or absence. For  certain memberships, including but not limited to the Ultimate and Premium, you will be charged our no-show fee ($20) for any absences and our cancellation fee ($15) for any late cancellations. This includes switching time slots within the 12-hour notice time period. You can cancel online, in our Mobile App, or by calling us. If you have any questions or comments, please feel free to contact us at info@embodylagree.fitness.

RESERVATIONS: You must be checked in and physically present at the start of your scheduled class or your spot may be given to a waitlisted client. Booking overlapping classes or services to any extent with a membership is prohibited. You understand that should a system error arise that results in the booking of a service with an ineligible membership or credit type, embody reserves the right to cancel your reservation.

CLASS REFUNDS & CANCELLATIONS: You understand that refunds will not be granted in cases such as sickness, unexpected travel, work commitments, religious holidays/commitments and other miscellaneous circumstances which may arise. Upon the provision of a doctor’s note, exceptions may be made in the case of long-term illness or pregnancy.

MEMBERSHIP VIOLATIONS

Sharing of memberships — which is the use of the membership in someone else’s name to attend a class — is a serious offense. Such instances will result in the automatic charging of a penalty fee, the termination of the membership and ban from embody, and possible referral to police for fraud or theft of services.

CREDIT EXTENSIONS: Credit expiration dates are made known at the time of purchase and cannot be extended. Embody reserves the discretion to make exceptions including in the case of an injury, pregnancy or long-term illness (upon the provision of a doctor’s note or other documentation requested). 

RETAIL ITEMS: Unused, regular-priced merchandise will be accepted for a full refund within 30 days of purchase and will be issued to original form(s) of payment. No returns or exchanges will be accepted without a receipt. Items purchased on sale or at a discounted rate are non-refundable. For questions or support with online purchases or returns, please contact Info@embodylagree.fitness.

GIFT CARDS: All gift cards are non-refundable. No exceptions. Gift cards are not exchangeable for cash, and will not be replaced if lost or stolen. 

DISCOUNTS & PROMOTIONS: Special offers, discounts, promotions, or discount codes cannot be combined. Certain credit packs and discount codes are made available for first-time customers only. A first-time customer is defined as any person who has never taken a class at embody. This includes, but is not limited to, introductory packages and other marketing and promotional offers.

CODE OF CONDUCT

ATTENDANCE: You must be physically present and checked in at the start of class or your spot may be released to a waitlisted client. Once the studio doors close, any other latecomers will not be permitted. No exceptions. Unless you are physically unwell, you may not leave class before the end. Booking overlapping classes or services to any extent with a membership is prohibited. If recovering from injury or illness, notify the instructor prior to the class start time. Use Personal Training is not permitted without a reservation with and under the supervision of an embody Personal Trainer.

CHECK-IN: You must check in prior to class start time at the front desk or by using the self check-in feature on our Mobile App. Once you are checked in, you must attend the class. Failure to do so will result in a “no-show” and applicable penalty charges. Abuse of the check-in system, including but not limited to the self check-in feature, will result in applicable penalty charges and a permanent ban from embody. Studio entry after class start time or while class is in progress is prohibited.

STUDIO SPACE: Pets are not permitted inside the studio or surrounding indoor facilities at any time, with the exception of certified service animals as defined by applicable law. Bicycles are not allowed inside the studio, including workout areas, hallways, and entryways. Members and guests are encouraged to use designated outdoor bicycle racks, if available. The studio is not responsible for loss or damage to bicycles or personal property. Children under the age of 14 must be accompanied and supervised by a parent or legal guardian at all times while on the premises. Unattended children are not permitted in any workout areas, locker rooms, or studio facilities.

CELLPHONE POLICY:  Phones are permitted in the classroom, but must be kept on silent and not used while class is in session, unless in case of emergency. We encourage all members to be fully present during their workouts and to respect the experience of others by minimizing distractions.

ALCOHOL: Alcoholic beverages must never be consumed prior to partaking in fitness activities.  

SAUNAS: You must be at least 18 years of age to use the saunas. Please shower before entering saunas. Do not pour water on any part of the sauna. No food or drinks are allowed inside the sauna. No drying of personal items in the sauna is permitted.

FACILITIES: Toiletries and amenities, including but not limited to skincare products, body care products and towels, are to be enjoyed by guests that have purchased a class or service that day in reasonable quantities. These items may not be removed from the embody premises. Tampering with equipment, such as thermostats, sauna controls, and cold plunge, is not permitted. Lockers are for day use only. Contents left in lockers overnight may be placed in lost & found or donated to charity.

PERSONAL BELONGINGS: You agree that embody is in no way responsible for the safekeeping of your personal belongings while you are present in the facility. You assume all risk of loss for any of your personal belongings.

BEHAVIOUR: Embody intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offenses. Harassment of any sort – verbal, physical, and visual – will not be tolerated. Embody is a place of wellness and community. Be respectful of other guests and embody team members.

SHARED SPACE ETIQUETTE: You are expected to take efforts to look after all areas of the facility, being respectful and considerate of the experience of others. You must return all used towels in the bins provided and be mindful of the space taken up by personal belongings in the locker room. One locker is permitted per guest. When using bathrooms, please clean up after yourself, and leave the room in the manner in which you would expect to find it.

PHOTO AND VIDEO CONTENT: From time to time, we may capture video or photo content at the facilities for social media or promotional purposes. By attending, you consent to and acknowledge this. Taking video or photo content inside locker rooms is strictly prohibited.

RISKS OF CERTAIN ACTIVITIES AND LIMITATION OF LIABILITY

By creating an account, making purchases on the Site and/or attending any classes or activities at the Facilities, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, and any minors you are responsible for, that there are certain inherent risks and dangers in the embody Services.

You understand that you or your ward should consult with your physician or primary health care provider prior to commencing any classes (which may involve intense physical exercise programs) or any other embody Services, including health or wellness services offered at the Facilities. You acknowledge that there are inherent risks in participating in certain embody Services, including but not limited to the following:

 Fitness Classes and Personal Training: There is the possibility of adverse physiological occurrences including injuries, abnormal blood pressure, fainting, heart attack, or death.

Immersive Projection Technology and Studio Lighting: Some users may experience headaches, eye strain, dizziness, and/or nausea.

Sauna, Hydrotherapy and Cold Plunge Services: Could be dangerous to your health if you have certain medical conditions. Consult a physician before use.

Massage Therapy, Chiropractic, Acupuncture, IV Therapy, and other Health and Wellness Services: Additional risks apply and may require professional screening.

You agree to assume full responsibility for any and all injuries or damage sustained in relation to the embody Services; release, indemnify, and hold harmless embody and its affiliates, staff, and representatives; and acknowledge that embody makes no warranties, express or implied.

COPYRIGHT

The content on the Site, including but not limited to text, software, graphics, photos, music, and videos, as well as the trademarks and logos, are owned by or licensed to embody and protected under intellectual property laws. You may not reproduce or exploit any content without prior written consent from embody.

TERM AND TERMINATION

These Terms of Service remain in effect while you use embody Services. You may terminate your membership at any time by following account instructions or contacting us. Embody may terminate your membership without notice if you breach these Terms. Certain provisions survive termination, including warranty disclaimers, indemnities, and limitations of liability.

THIRD PARTY SITES

Our Site may contain links to third-party websites. Embody is not responsible for the content or policies of any third-party sites.

MOBILE SERVICES

The embody Services may include mobile features such as booking and messaging. Carrier rates may apply.

GOVERNING LAW

These Terms are governed by the laws of New Brunswick, Canada.

CHANGES TO THIS AGREEMENT

Embody reserves the right to modify these Terms without notice by posting updated terms on the Site. Continued use constitutes acceptance of the new Terms.

ENTIRE AGREEMENT; NO WAIVER

These Terms, along with the Privacy Policy, constitute the entire agreement between you and embody.

CONTACTING US

If you have any questions, you can contact us at Info@embodylagree.fitness