Terms and Conditions

Cancellation Policy: If you cancel or reschedule a session, we require 24 hours notice without loss of session. This policy is strictly enforced with no exceptions. You may call our 24-hour time-stamped voicemail 250 618 3443 or Use App. You will receive an email or text reply confirming our receipt of your message. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this with you, but we reserve the right to cancel your reserved time slot.


Training Sessions: You are purchasing a program and not the services of an individual trainer. The assigned trainer may not be available to conduct any one or all sessions/calls in which case another trainer will be assigned. Member is not entitled to a refund if the originally assigned trainer is not available. To be considerate of other clients, all sessions end 15 minutes after the scheduled appointment time, arrival to a session after 15 minutes of your scheduled time will be considered a no-show and the session will be counted as being used.

Payment: All sessions are by pre-paid appointment only. The amount paid is non-refundable. Sessions are to be used each week. If you are away one week you can make up sessions that week or the week after or both. They will not be saved to the end. Sessions are not transferable.

Rules: You agree to follow all instructions of your trainer/the facility.

Health: You represent that you do not have any health condition that strenuous exercise could make worse. You understand that our trainers are not medically trained to monitor your health during exercise. You agree to contact your own doctor for any questions regarding your ability to exercise safely. This program is for your recreational use only and nothing stated, given, or written should be taken as medical advice.

Renewal: We may increase rates at any time, except for the sessions included in this agreement. We are not obligated to renew this agreement at the rate in this agreement. All contracts are auto renewing, if after the initial three months contract is up, it will go into a month-to-month contract at the same rate you are currently paying. If you like to cancel, give us 30 days notice prior to the end of your agreement. Then your agreement will roll into a month to month. You then have the option to cancel with 30 days notice after your initial agreement term.

Cancellation: You may cancel this agreement within 3 days. All that will be due is what has been used thus far in contract. Including any sessions complete and/ or menu plans or workout plans designed specifically for you. You will receive an email or text reply confirming our receipt of your message. You will receive a refund of all monies not used and paid within 30 days after receipt of the notice of cancellation made within the 3-day provision. You may also cancel this agreement under other conditions stated on the cancellation/termination. Your agreement will not be cancelled until you receive an official cancellation notice from us. This agreement contains a waiver of any right you may ever have to claim any damages for loss, injury, or death from Body Tempo Health and Fitness its officers affiliates, and others having a vested interest in Body Tempo Health and Fitness.
By signing below, you acknowledge you have read, understand, and agree to all terms on the entire agreement, and have received a copy of this agreement.

Cancellation upon death or disability: The buyer may cancel this agreement if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the agreement until the time of disability, with refund of funds paid or accepted in payment of the agreement in an amount computed by dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. The buyer or the buyer's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the agreement by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed. Other Cancellation Provisions: If this location goes out of business, or moves its facilities more than 25 km from the business location designated in such agreement and fails to provide, within 30 days, a facility of equal quality located within 25km of the business location designated in such agreement at no additional cost to the buyer, you may cancel this agreement and receive a complete refund of all dues paid for future services within 30 days after receipt of the notice of cancellation. Notice of intent to cancel by the buyer shall be given in writing to the health studio. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's agreement. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: Upon sale, for not more than 14 consecutive days; or during ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. Any notice of intent to cancel or termination by client under any provision of this agreement must be delivered via mail to 3-2330 McCullough, Nanaimo BC Your agreement will not be considered cancelled until you receive an official cancellation notice from us.

Refunds: All fees for this Agreement are immediately earned by Body Tempo Health and Fitness inc. All fitness service fees are non-refundable, unless specifically stated otherwise in the agreement. If you are entitled to a refund, your refund will be limited to unused sessions, menu design or workout design. In no event are you entitled to a refund for used sessions, menu design or workout design.

Termination for Cause by Body Tempo Health and Fitness Inc. : Body Tempo Health and Fitness may, at its option, terminate your agreement if: you fail to make timely payments under any payment plan, any bi weekly payments or dues are late, the monthly EFT/RCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, you fail to follow any of Body Tempo Health and Fitness inc. membership policies or club rules or violate any part of this agreement, or your conduct is improper or harmful to the best interest of Body Tempo Health and Fitness inc. or its members. Termination is effective on the date Body Tempo Health and Fitness mails a written notice to your last known address. You are liable for all financial obligations until that date.

Termination Without Cause by Body Tempo Health and Fitness Inc.: Body Tempo reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If Body Tempo does so, it will mail a written termination notice to your last known address and refund any unused prepaid dues.

Early Termination Fee: You may cancel this agreement before the agreed upon term has been reached by paying 1/2 of the remaining balance left on the agreement. For example, if you are 2 months in to a 12-month agreement (10 months left), your termination fee would be the equivalent of 5 months x the agreed upon monthly rate.

MEMBERSHIP FREEZE POLICY Body Tempo will only freeze your agreement if you are in good standing, you have all initiation fees paid, you are current on your Bi Weekly dues, you provide at least ten (10) days notice for a freeze request to allow Body Tempo to process your request. Your agreement will only be considered frozen upon receiving an official Freeze Notice from us. You will still be charged for the freeze periods and the "frozen time" will be added at the end of the current agreement term.
Every 3 months in your membership will have the option to free for 1 week of freeze account.


PANDEMIC: - In the event of a pandemic and government requests Body Tempo Health and fitness to close. We will give clients the option to pause membership until it locks down is lifted. Payments will cease until it is government deems it safe to open. Once operation is safe to reopen, we will notify clients and reopen booking for in house classes. Auto debits will resume on reopening day. We encourage our clients to give online Personal Training a try but it is not mandatory.

Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions
In consideration of the permission to use the facilities, equipment, services, premises, and products provided at/by Body Tempo Health and Fitness (hereafter The Company) today, and at any time in the future, I understand and agree to all of the following:

Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.

Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge The Company, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively all others) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending The Company or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless The Company and all others by paying all costs and attorneys fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement, that The Company and or others are not liable for the injury or loss.

Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $45.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorneys fees and court costs.

Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of British Columbia to relieve Body Tempo, and all others associated in any way with Body Tempo Health and Fitness inc., from all liability for any and all claims for damages due to injury or property loss based on any legal theory.

Severability and Venue: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. Any legal action shall be brought in Nanaimo, British Columbia, Canada

Consent to Physical Contact: It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact.

Media Release:
I understand and accept that my image, comments, likeness, accomplishments, goals, and challenges I overcame may be used by Body Tempo Health and Fitness and that I am not entitled to any compensation for such use. I reserve the right to have the aforementioned remain private by submitting such a request within 15 business days of signing this agreement. I understand that my image and voice may be recorded/captured during calls, online sessions, and in person.


Entire Agreement: I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.