Please read these Terms of Service. You agree to comply and be bound by these Terms of Service by accessing or using The Gym in the Armoury (TGITA) facility. These Terms of Service (“Terms”) constitute a legally binding agreement between you and The Gym in the Armoury. (“TGITA”, “we” or “us”). These Terms govern your access to and use of the TGITA Space (as defined below), the websites through which TGITA makes the TGITA Services available (collectively, the “Site”) and all related services (collectively, the “TGITA Services”). The Site and TGITA Services are collectively referred to as the “TGITA Platform”. TGITA reserves the right to change or modify any of the terms and conditions in these Terms from time to time, any time, without notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting of the changes. Your continued use of the TGITA Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the TGITA Services. You are responsible for regularly reviewing the most current Terms. Our Privacy Policy and Member Agreement applicable to your use of the TGITA Platform are incorporated by reference into this agreement. 1. Eligibility and Using the TGITA Services You must be at least 18 years old and able to enter into legally binding contracts to access and use the TGITA Platform or register for a TGITA Account. TGITA (which refer to TGITA’s physical location, including common areas, access areas, as applicable, and are accessible via the website or any other means), are not available to persons under the age of 18. By using the Site or TGITA Space, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into a contract. Your participation in using the TGITA Platform or the TGITA Space is for your sole, personal use and not for commercial purposes. You may not authorize others to use your user name and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the TGITA Platform or TGITA Space, you agree to comply with all applicable laws of the country, state, province and city in which you are present while using the TGITA Platform or TGITA Space. As further described in the Privacy Policy, TGITA uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Site. The processing of payments or credits, as applicable, in connection with your use of the Site and TGITA Space will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. TGITA is not responsible for any errors by the Payment Processor. By using the TGITA Services, you agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the TGITA Space (collectively, the “Property Managers”) relating to the use of a specific TGITA Space(s), including compliance with building security procedures, IT access and use procedures provided by the Property Manager (the “Manager’s Policies”). The Manager’s Policies may be provided in electronic format through the Application, Site or in hardcopy format at the TGITA Space. 2. Account Registration In order to be able to use the Site or the TGITA Space you first need to sign up for an account with TGITA, which you can do through the Site. When signing up, you will be asked to provide TGITA with your personal information, mobile telephone number and credit card information (which will be held and processed by our third party Payment Processor further details of which are set out in the paragraph above and in our Privacy Policy). Once you complete your sign-up with TGITA, you will be provided with a personal account (an “Account”). You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Site or the TGITA Space. If you provide information that is untrue, inaccurate, not current or incomplete, or if TGITA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TGITA reserves the right to suspend or terminate your Account and refuse any and all current or future use of the TGITA Services. You may not use the TGITA Services for any illegal purpose or in any manner inconsistent with these Terms. You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Site and TGITA Space. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the TGITA Space, you hereby agree to be fully responsible and to indemnify TGITA for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons. 3. TGITA House Rules By using the TGITA Services, you agree that: · You will not use the TGITA Platform and TGITA Space for unlawful or illegal purposes. · You will not use the Site or TGITA Space for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling or prostitution, pornography, sexual activity, violent or threatening behavior, skateboarding, biking, roller-skating, roller blading, or any other purpose reasonably likely to reflect negatively on TGITA or any Building Owner. · It is explicitly prohibited to smoke in the TGITA Space. · You will not light or allow any candles, incense sticks or naked flames in the TGITA Space. · You will not make excessive noise in the TGITA Space, nor create any noise nor conduct any other activity which would in TGITA’s or any Building Owner’s judgment disturb other TGITA clients, guests, or other tenants in any building containing a TGITA Space. · You will not bring or keep any animals in the TGITA Space, except for service or assistance animals, which shall at all times be harnessed or leashed. · You will follow all additional rules, regulations, and by-laws regarding the TGITA Space, as may be communicated through the Site, posted signs, or otherwise. · You will not use the Site or TGITA Space for sending or storing any unlawful material or for fraudulent purposes. · You will not install, remove or modify any fixtures, equipment, machinery or appliances in the TGITA Space. · You are responsible for leaving the TGITA Space in a clean and tidy condition. · Neither TGITA nor any Building Owner is responsible for any property you may leave behind in a TGITA Space. It is your responsibility to ensure that you have taken all of your personal belongings when leaving a TGITA Space. · You may be held liable for any costs to repair any damage to the TGITA Space and items therein during your use of the TGITA Space. · You may be held liable and will be charged by TGITA for any items that are taken from the TGITA Space. · You will not use the Site, TGITA Space to cause nuisance, harassment, or inconveniences to other users, Building Owners, tenants or others. · You will not copy, or distribute the Site or other content without written permission from TGITA. · You will not try to harm the Site or TGITA Space in any way whatsoever. · You will provide TGITA and/or the Building Owner with whatever proof of identity we/they may reasonably request. · When using the internet within the TGITA Space, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of illegal or criminal acts, consumer fraud, etc. · All users must wear clothing appropriate to the building's situation while using the TGITA Space. · There is a capacity limit as to the number of persons permitted in a TGITA Space at any given time, and that such limit shall be posted on the Site, and you hereby agree to adhere to such capacity limit. · You hereby consent to the use of sensors by TGITA to track the location of various items in the TGITA Space, which (without limitation) shall be used by TGITA to optimize the TGITA Space. If you feel that any TGITA member or person in a TGITA Space that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TGITA with your police station and report number (if available), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability. You further acknowledge that your use of the TGITA Space does not constitute TGITA or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to the terms of this Agreement. In its sole discretion and without limiting any of TGITA’s other rights hereunder, TGITA may restrict your access to the TGITA Space in the event of fraud, trespassing, or violation of this Agreement. 4. Damages, Repair or Cleaning Fees As a user of a TGITA Space, you are responsible for leaving the TGITA Space (including any property in the TGITA Space) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the TGITA Space. You are responsible for the cost of repair for damage to, or necessary cleaning of, TGITA Space resulting from your violation of this Agreement or your use of the Site or TGITA Space in excess of normal “wear and tear.” If TGITA, in its reasonable discretion, determines that excessive repair or cleaning is required, TGITA reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed in Canada $500 Canadian Dollars, in the United States of America $500 US Dollars per occurrence. Any such amounts are non-refundable and at the reasonable discretion of TGITA. 5. Payment Terms Any fees which TGITA may charge you for the use of the Site or TGITA Space, will be as set out on the Site at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, TGITA's decision to terminate your usage, disruption caused to our Site or TGITA Space either planned, accidental or intentional, or any reason whatsoever. TGITA reserves the right to determine final prevailing pricing. You do hereby agree that you shall be charged fees based on the length of time of your booking of the TGITA Space (regardless if you only make use of the TGITA Space for less than your booked time). If you exceed the amount of time for which you booked a TGITA Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another user’s booked time. You do hereby consent to such excess time charges and to such overage charge. TGITA may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. TGITA may change the fees for the Site or TGITA Space at our sole discretion. We encourage you to check back at our Site periodically to find out about how we charge for the Site or TGITA Space. If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights from accessing the TGITA Services. If a payment is declined, refunded, cancelled or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation or charge back. TGITA reserves the right, at its sole and utter discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the Site via your mobile phone please be aware that your carrier's normal rates will still apply. 6. License, Restrictions and Copyright Policy Subject to your compliance with these Terms, TGITA grants you a limited, non-exclusive, non-transferable and revocable license to use the TGITA Services. Should you choose to download content from the TGITA Services, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and remains at all times the property of TGITA. You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, TGITA Space or any content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TGITA or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by TGITA. 7. User Content TGITA may, in its sole discretion, permit users of the TGITA Services to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the Site, including documents, text, graphics, video, messages, forum postings, your profile information, comments, questions, or other materials (“User Content”). By making available any User Content on or through the Site or TGITA Space, you hereby grant to TGITA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sub licensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Site or TGITA Space. In connection herewith, you hereby renounce and waive in favour of TGITA any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or TGITA Space. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or TGITA Space or you have all rights, licenses, consents and releases that are necessary to grant to TGITA the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TGITA’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 8. Intellectual Property All intellectual property rights in and to the TGITA Services and the TGITA Space, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of TGITA or are licensed to TGITA. The intellectual property rights in the TGITA Services and the TGITA Platform are protected by, among others, the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad. All individual content, design, logos, widgets, articles of information, policies and other elements making up the TGITA Services are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the TGITA Services. Any use of materials on the TGITA Platform other than as permitted in this agreement including reproduction, modification, distribution, or republication, without prior written permission of TGITA is absolutely prohibited. “TGITA”, the TGITA logo and other trade and/or service marks are the exclusive property of TGITA and may not be used for any of the aforementioned purposes. TGITA may protect the TGITA Services by technological means intended to prevent unauthorized use of the TGITA Services. You undertake not to circumvent these means. Infringement of the rights in and to the TGITA Services will, in and on itself, result in the termination of all your rights under these Terms. 9. Third Party Services During use of the Site and TGITA Space, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Site or TGITA Space. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. TGITA and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. TGITA does not endorse any sites on the Internet that are linked through the Site or TGITA Space and in no event shall TGITA or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. TGITA provides the Site and TGITA Space to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and TGITA disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. TGITA may rely on third party advertising and marketing supplied through the Site or TGITA Space and other mechanisms to subsidize the Site or TGITA Space. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. TGITA reserves the right to charge you a higher fee for the Site or TGITA Space, as the case may be, should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on TGITA's Site located at http://www.TGITA.com. TGITA may compile, release and disclose non-identifiable information regarding you and your use of the Site or TGITA Space as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the TGITA Space. 10. Indemnity You agree to release, defend, indemnify and hold harmless TGITA, applicable Building Owners, and their respectable officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (1) your use of and access to the Site and the TGITA Services; (2) your violation of any term of these Terms; (3) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (4) any claim that any content you submitted caused damage to a third party. You agree to notify TGITA and in writing of such claim. If a claim subject to intellectual property infringement indemnification is made, TGITA shall have the right to, at its option, either: (i) obtain for you the right to continue using the TGITA Services or (ii) replace or modify the TGITA Services so that such TGITA Services becomes non-infringing and still provide substantially the same functionality for the user. This indemnification obligation will survive the termination of these Terms and your use of the Site and the TGITA Services. 11. Disclaimer TGITA PROVIDES THE TGITA SERVICES, THE TGITA SPACE, THE SITE AND ITS CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TGITA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TGITA SERVICES, INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE TGITA SPACE, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND TGITA SPACE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM USED ON THE TGITA SPACE IS PROVIDED BY A THIRD PARTY, AND TGITA AND BUILDING OWNERS SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE TGITA SPACE ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY TGITA, AND TGITA MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, TGITA AND BUILDING OWNERS MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY TGITA SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE TGITA SPACE, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES. TGITA AND BUILDING OWNERS MAKE NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE TGITA SPACE, INCLUDING WITH REGARD TO ACCESS THERETO. TGITA does not warrant that the TGITA Services will operate in an uninterrupted or error-free manner, or that the TGITA Services will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from TGITA or its providers. 12. Limitation of Liability TGITA ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND BUILDING OWNERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN NO EVENT SHALL TGITA’S, ITS LICENSORS’ OR ANY BUILDING OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A TGITA SPACE OR THE SITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO TGITA IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY CANADIAN DOLLARS (50$) (IF THE LIABILITY ARISES IN CANADA), OR FIFTY US DOLLARS (IF THE LIABILITY ARISES IN THE US), WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE TGITA SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IN ADDITION, TGITA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE OR THE SERVICES IS ACCURATE, COMPLETE OR UP TO DATE. Your use of the Services may be subject to various local, provincial, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING TGITA SPACE OFFERED VIA THE SITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. TGITA WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH BUILDING OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE TGITA AND BUILDING OWNERS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SITE, APPLICATION OR TGITA SPACE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SITE OR TGITA SPACE. THE QUALITY OF THE BUILDINGS IN WHICH THE TGITA SPACE ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE BUILDING OWNERS. YOU UNDERSTAND THAT BY USING THE SITE AND THE TGITA SPACE, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SITE, APPLICATION AND THE TGITA SPACE AT YOUR OWN RISK. TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT TGITA'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY TGITA'S NEGLIGENCE, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION. 13. Rating System You may be required to rate certain aspects of your overall experience of the TGITA Space, which rating will be prompted through the Site. If you do not participate in such rating when requested, TGITA reserves the right (without limiting any of TGITA’s other rights hereunder) to restrict your access to the TGITA Space. Additionally, if TGITA, or if other users, rate your usage of the TGITA Space as being below a threshold acceptable to TGITA, then we may in our sole discretion, and without limiting any of TGITA’s other rights hereunder, restrict your access to the TGITA Space 14. Notices TGITA may send you notices by means of email to your email address on record in TGITA's account information, or by written communication sent by first class mail or pre-paid post to your address on record in TGITA's account information. You may give notice, and address any complaint or claim to TGITA (such notice, complaint or claim shall be deemed given when received by TGITA) at any time by means of email to thegyminthearmoury@gmail.com. 15. Applicable Law These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. The parties attorn to the jurisdiction of the courts of the district of Belleville, Province of Ontario. 16. Termination You agree that TGITA, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with TGITA or your use of TGITA Space, and remove and discard all or any part of your account or any of your User Content, at any time. TGITA may also in its sole discretion and at any time discontinue providing access to the Site and TGITA Space, or any part thereof, with or without notice. You agree that any termination of your access to the Site, TGITA Space, Application or any account you may have or portion thereof may be effected without prior notice, and you agree that TGITA shall not be liable to you. These remedies are in addition to any other remedies TGITA may have at law or in equity. You may terminate your Account at any time by ceasing all use of the Site and TGITA Space and requesting TGITA to cancel your account via email sent to thegyminthearmoury@gmail.com. 17. General No joint venture, partnership, employment, or agency relationship exists between you, TGITA or any third party provider as a result of these Terms or use of the Site or TGITA Space. These Terms may not be assigned by you (whether in whole or in part) without the prior written approval of TGITA. These Terms may be assigned without your consent (in whole or in part) by TGITA, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of TGITA to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TGITA in writing. These Terms comprise the entire agreement between you and TGITA and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 18. Disclaimer and assumption of risk You declare that you have voluntarily chosen to use the space made available by TGI Strength Inc. (“TGITA Parties”) to any and all liabilities, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs or reasonable expenses of any and all investigations, proceedings, judgments and settlements (collectively, the “Losses”) sustained or incurred by you, directly or indirectly, to the virus causing COVID-19 (the “Released Claims”) and hereby grants to TGITA a complete, total and final discharge with respect to the Released Claims. You agree that, to the extent permitted under applicable laws, TGITA shall have no liability whatsoever towards you or any related third party, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary or punitive damages or for any lost profits or revenues, arising out of or relating to COVID-19. You undertake to take responsibility and to defend and hold harmless any of the TGITA Parties from and against any and all Losses, resulting from, arising out of or otherwise by virtue of (i) your failure to comply with any of the Measures or (ii) the undersigned’s actions.

Because physical exercise can be strenuous and subject to risk of serious injury, The Gym in The Armoury urges you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that by participating in these physical exercise sessions or personal training activities, you do so entirely at your own risk. This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury. You expressly agree to release and discharge your personal trainer or instructor, and from any and all claims or causes of action. This waiver and release of liability includes, without limitation, all injuries to you which may occur, regardless of negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against the personal trainer or instructor for negligence, or any other personal injury or property damage or loss action.