Legal

TERMS & CONDITIONS

The full membership agreement for High Definition Fitness — waivers, payment terms, cancellation policy, and facility rules.

Truesport Fitness Ltd. o/a High Definition Fitness
12726 St. Albert Trail NW, Edmonton, AB T5L 4S5
Email: info@highdefinitionfitness.ca
Local: 368-838-0611
Toll Free: 1-844-430-4336
Effective Date: 2026-10-01

1. Members' Assumption of Risk and Release

I understand the risk of injury from FACILITY activities and using any FACILITY equipment is significant, including the potential for permanent paralysis and death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that Truesport Fitness Ltd. o/a High Definition Fitness is an UNSUPERVISED FITNESS CENTRE, and I assume all risks with using exercise equipment and exercising alone without the aid and presence of FACILITY staff on the premises. I understand that Truesport Fitness Ltd. is a registered Alberta Limited Company and that this FACILITY is independently owned and operated by Truesport Fitness Ltd.

I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Truesport Fitness Ltd. and its shareholders as well as all sponsors and advertisers, and all owners and lessors of the premises of this FACILITY and their respective officers, affiliates, agents, and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment or the facilities of the FACILITY, or any incident that occurs while using such facilities, or otherwise related to my membership.

I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the FACILITY is relying on this release in agreeing to enter into this Agreement.

I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

2. Default and Late Payments

A default occurs when any payment due under this agreement is more than ten days late.

Should you default on any payment obligation as called for in this agreement, Truesport Fitness Ltd. o/a High Definition Fitness will have the right to declare the entire remaining balance due and payable and you agree to pay (pre-judgement and post-judgement) interest at the rate of 20% per year, and all collection costs that may be paid or incurred by the FACILITY including but not limited to collection agency fees, court costs, arbitration costs, and lawyer fees on a solicitor and client scale (full indemnity basis). You agree that these collection costs are pre-proceeding collection expenses and constitute a claim for a liquidated demand for money within the meaning of this province's Small Claims Court Rules. You agree that the collection costs are recoverable in court by Truesport Fitness Ltd.

Should any payment become more than ten days past due, you will be charged a late fee. An additional service fee will be charged for any declined cheque, draft or credit card. Truesport Fitness Ltd. reserves the right to charge via EFT, cheque, draft, or credit card for all amounts owed by the MEMBER including any and all late fees and service fees. Subject to the appropriate Provincial and Federal Law.

3. Sales Tax

Notwithstanding any other provisions of this agreement, you understand and agree that the amount of your membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Truesport Fitness Ltd. has the right to increase your membership dues by the amount of such increase. If you have requested the privilege of paying your dues by pre-authorized electronic funds transfer, the amount so transferred will be adjusted to reflect any increase in the sales tax rate.

4. Right to Change Designated Billing Company

Truesport Fitness Ltd. hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply, and you agree to authorize the new Designated Billing Company to continue drafting your account.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

5. Membership Freeze Policy

If you purchased a pre-paid term membership (i.e., 12-month, etc.) you may freeze time on your membership for medical reasons. Freezes can be from 30 to 90 days at a time. We may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for the original payment schedule. Once you resume any usage of the FACILITY, the freeze will terminate. Time of any freeze will be credited to the end of your membership's original term.

6. Maintenance of Facilities

The FACILITY may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The FACILITY reserves the right to add a periodic facility maintenance charge.

7. Member Obligations

  • MEMBER agrees to abide by all FACILITY policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERS with courtesy.
  • MEMBER agrees to pay membership dues on time, including notifying Truesport Fitness Ltd. promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
  • MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due.
  • MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.

8. Cancellation Policies

To cancel for any of the reasons below, send or deliver a written notice to the FACILITY. Written notice may be submitted using the Cancellation Form on our website.

  • You may cancel your membership and receive a full refund within ten business days of signing this contract by providing a written notice to the FACILITY.
  • If during the original term of this contract you relocate more than 25 kilometers from your original residence as stated in this Agreement, and the new permanent residence is more than 25 kilometers from the FACILITY, you may cancel this contract by providing a 30-day written notice, proof of relocation, and a $50 early cancellation fee. Any pre-paid dues remaining will be refunded, except for a cancellation fee not to exceed $50. Acceptable proof of relocation includes a newly issued Driver's License with an address different from the one you signed up with or shown on your previous license, or a utility bill in your name with your new address.
  • If you die, or become totally and permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the FACILITY. Any pre-paid dues remaining will be returned and no cancellation fee will be charged.
  • The FACILITY retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the FACILITY policies, violation of the terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $50 cancellation fee and any damage to the FACILITY caused by you and/or your guests.
  • If the FACILITY goes out of business or moves its facilities more than 5 kilometers from its present location, you may cancel by written notice. Any cancellation under this subsection will receive a pro-rata refund for any prepayments. Any payments due prior to cancellation taking effect will still be due and payable.

Your account must be current before any cancellation will take effect.

9. Summary of Membership Policies

The MEMBER, by executing this Agreement, does hereby join the FACILITY, and such membership entitles the MEMBER to use the FACILITY in accordance with the following rules:

  • The MEMBER is entitled to use the FACILITY only and MEMBER shall be required to provide MEMBER's own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, participating in any group fitness classes that may be offered at the FACILITY. The MEMBER may also be charged for purchases through the use of their account.
  • The MEMBER must enter the FACILITY using the designated mobile app on their registered device, and the MEMBER agrees that the MEMBER may be denied access to the FACILITY without a functioning app or device.
  • The MEMBER agrees to abide by all membership regulations of the FACILITY. The MEMBER agrees to comply with stated and customary rules for participation in and use of equipment. Unless cancelled as provided in this agreement, MEMBER will be responsible for all payments due and owing under this agreement, even if MEMBER does not use the FACILITY's facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the FACILITY becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER's membership privileges for the period the facilities were unavailable.
  • If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the club, Truesport Fitness Ltd. may suspend the MEMBER's right to use the club until such time as the MEMBER provides reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the club, the MEMBER's membership may be terminated by Truesport Fitness Ltd., and the balance of the contract declared due and payable in full immediately.
  • The MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the FACILITY unless MEMBER has signed and agreed to the terms of a Fitness Contractors Agreement and with the consent of Truesport Fitness Ltd. prior to any such activities taking place. If a Fitness Contractors Agreement has not been signed by both the MEMBER and Truesport Fitness Ltd., the MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If the MEMBER engages in such commercial or business activities the MEMBER's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
  • The MEMBER agrees to abide by the FACILITY dress code at all times while in the FACILITY. The current dress code in the FACILITY is considered "modest." FACILITY management and staff may at times ask you to change attire or leave the premises if dress does not conform to FACILITY policies. No vulgar or offensive clothing as determined by FACILITY policies is allowed. Bare feet are not allowed in the FACILITY.
  • The MEMBER agrees that MEMBER shall not use loud or profane language upon the FACILITY premises nor shall MEMBER molest, badger, assault, or harass other FACILITY MEMBERS, guests, or employees. If MEMBER engages in such behavior, MEMBER's membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
  • MEMBER understands that the FACILITY prohibits the use of any illegal substance that is not prescribed by a licensed medical professional in the FACILITY and MEMBER agrees not to use illegal substances on the FACILITY premises. MEMBER acknowledges and is aware that any illicit drug can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of illegal substances and no such activity is allowed upon FACILITY premises.
  • MEMBER agrees that if MEMBER chooses not to use the FACILITY that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
  • The MEMBER agrees that Truesport Fitness Ltd. shall be entitled to recover all costs and expenses resulting from any breach of this Agreement, including its legal fees on a solicitor and client basis.
  • The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
  • This Agreement may not be amended or modified except in writing by the parties hereto.
  • The MEMBER authorizes Truesport Fitness Ltd. o/a High Definition Fitness, and their authorized designees, to contact them by email, telephone, or by any other means.
  • Truesport Fitness Ltd. retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the FACILITY from time to time and all MEMBERS shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the FACILITY or on the FACILITY's website.

10. Personal Training Services

Personal training services are provided in the FACILITY by independent contractors operating their own business who have entered into a Fitness Contractors Agreement with the FACILITY. Personal training services are booked directly with the trainer or provider and paid to the Contractor providing said services; Truesport Fitness Ltd. o/a High Definition Fitness does not organize or manage these bookings.

11. Safety Notices

  • This FACILITY is under 24-hour recorded video surveillance, which may be retained by Truesport Fitness Ltd. for subsequent review, and MEMBER app entries are logged.
  • The MEMBER may not bring guests at any time without prior written consent from Truesport Fitness Ltd. or its staff. If this policy is violated, Truesport Fitness Ltd. may in its sole discretion either: charge the MEMBER a guest fee; and/or have their membership suspended; and/or have their membership cancelled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00.
  • The MEMBER may not allow anyone else to use their app access or share their login credentials, and must alert Truesport Fitness Ltd. immediately if their registered device is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
  • MEMBERS without app access on a registered device will not be allowed into the FACILITY during non-staffed hours.
  • MEMBER has access to a free orientation to the FACILITY which includes proper use of basic equipment. It is the MEMBER's responsibility to request this orientation.
  • It is the MEMBER's responsibility to wipe down all equipment after each use and re-rack weights they use. The MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you must obtain instructions from the staff or personal trainers.
  • Each MEMBER is responsible for understanding how to use the fire alarms and agrees to use them only in case of emergency.
  • Horseplay, vulgar language, abuse of equipment, working out while intoxicated or under the influence of prescription or illegal drugs, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER's membership, and the balance of the contract being declared due and payable in full immediately.
  • Cell phones are permitted in the FACILITY; however, photography and/or videography are not permitted anywhere in the FACILITY. Members may use their cell phone to listen to music if using earphones/buds; however, members MUST NOT TALK on the phone on the gym floor and MUST LEAVE the gym floor to answer a phone call. Cell phones MUST NOT be used for any reason in the washrooms. Complaints from members concerned about other members' cell phone use will be taken very seriously and Truesport Fitness Ltd. reserves the right to immediately terminate a membership if this policy is violated.

12. Age Requirements

  • Persons aged 13 to 15 must complete a U-18 Liability Waiver and be accompanied by an active MEMBER who is a minimum of 18 years of age.
  • Members must be 16 years of age or older to access the FACILITY without a parent or guardian and must complete a U-18 Liability Waiver.

13. Privacy

Personal information collected through your membership is handled in accordance with our Privacy Policy, available on our website.