Effective Date: July 16, 2026
SMS Messaging Terms & Compliance
1. Program Description: This messaging program sends appointment confirmations, reminders, and coaching updates to clients who have booked a consultation, session, or program with Peak Performance Fitness through our website or scheduling forms and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
2. Cancellation Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. Support Information: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or call us at 705-826-1169 during gym hours.
4. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
5. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
6. Supported Carriers: Our SMS program works with all major Canadian wireless carriers, including Rogers, Bell, Telus, Freedom, and most regional carriers.
7. Age Restriction: You must be 18 years or older to participate in our SMS program. Minors training with us are enrolled by a parent or guardian.
8. Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy.
We comply with all applicable laws and regulations, including Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), and CTIA guidelines regarding the use of SMS communications.
General Terms
This website (the "Site") is owned and operated by Peak Performance Fitness ("Company," "we," or "us"). By using the Site, you agree to be bound by these Terms & Conditions and to use the Site in accordance with these Terms, our Privacy Policy, and any additional terms that may apply to specific sections of the Site or to products and services available through the Site or from Peak Performance Fitness.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms.
We reserve the right to change these Terms or impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms on this website. By continuing to use the Site after we post any such changes, you accept the Terms, as modified.
Training, Health & Safety
Physical training carries inherent risks. Before beginning any program with Peak Performance Fitness, you agree to disclose any medical conditions, injuries, or restrictions that may affect your ability to train safely. You should consult a physician before starting a new exercise program.
Our coaches provide qualified guidance but are not medical professionals. Nothing on this Site or said during a session constitutes medical advice, diagnosis, or treatment. You participate in all training voluntarily and assume responsibility for your own health and safety.
Bookings, Payments & Cancellations
Memberships, packages, and sessions are governed by the pricing and terms provided at the time of purchase or sign-up. Payments are processed through third-party providers, and by purchasing you authorize the applicable charges. Specific cancellation, rescheduling, and refund policies for sessions, memberships, and programs are communicated at sign-up and are considered part of these Terms.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of Peak Performance Fitness and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use.
You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including reviews, comments, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites.
The information, products, and services offered on or through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.
Indemnification. You agree at all times to indemnify and hold harmless Peak Performance Fitness, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms.
Online Commerce
Certain sections of the Site may allow you to purchase products, memberships, or services from us or from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of third-party products and services. If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us.
Your participation in any dealings with third-party vendors is solely between you and the third party. Peak Performance Fitness shall not be responsible for any loss or damage incurred as a result of such dealings.
Registration & Passwords
To access certain features of the Site or client portal, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
If you suspect unauthorized use of your account, notify us immediately by calling 705-826-1169. We are not liable for any loss or damage arising from your failure to comply with this obligation.
Termination
We reserve the right to terminate or suspend your access to the Site or our services, without notice, if we determine that you have violated these Terms or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.
Governing Law
These Terms 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 regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the courts located in Ontario, Canada.
Changes to Terms
We may update these Terms from time to time. The latest version will always be available on our website with the effective date.
Contact Us
For any questions regarding these Terms, please contact us at:
Peak Performance Fitness
408 Laclie Street, Orillia, Ontario
Phone: 705-826-1169
By using our website and services, you consent to these Terms & Conditions.