Terms of Service

Part 1

Release of Liability & Assumption of Risk

1. Assumption of Risk

Participation in sauna, cold plunge, breathwork, movement, wellness programming, workshops, fitness activities, social events, and all other activities offered by BIOM (collectively, the “Activities”) involves inherent physical and mental risks.

By participating in any Activities, you acknowledge and agree that:

• You are voluntarily participating at your own risk.
• You understand that participation may involve risks including dizziness, fainting, dehydration, hyperventilation, changes in blood pressure or heart rate, illness, injury, disability, death, or damage to personal property.
• You are responsible for consulting a physician regarding your ability to participate.
• You will disclose any relevant medical conditions, injuries, pregnancy, medications, or other circumstances that could affect your participation.
• You understand that BIOM does not provide medical advice and that any information or guidance provided by BIOM staff or guides is educational in nature only.
• You agree to immediately stop participating and notify a BIOM team member if you experience dizziness, chest pain, difficulty breathing, fainting, severe discomfort, or any other symptoms that cause concern.
• You assume all risks associated with participation, whether known or unknown.

BIOM may require guests to refrain from participating in certain Activities, or may refuse participation altogether, where we reasonably believe it is necessary for the health or safety of the participant or others.

2. Release & Waiver of Claims

To the fullest extent permitted by applicable law, you release and forever discharge BIOM Health Club Ltd., its directors, officers, employees, contractors, instructors, affiliates, partners, successors, and assigns from any and all claims, liabilities, damages, costs, or expenses arising out of or relating to your participation in the Activities or use of BIOM’s Services, except where such liability cannot legally be excluded.

3. Covenant Not to Sue

You agree not to commence or maintain any legal action against BIOM relating to your participation in the Activities or use of the Services except where such rights cannot legally be waived.

4. Personal Property

BIOM is not responsible for lost, stolen, or damaged personal property, except where required by applicable law.

5. Limitation of Liability

To the fullest extent permitted by applicable law, if any provision of this Release of Liability or any limitation of liability contained in these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, BIOM’s aggregate liability arising out of or relating to these Terms, the Services, or your use of BIOM’s facilities shall not exceed the greater of:

1. The total amount paid by you to BIOM during the six (6) months immediately preceding the event giving rise to the claim; or
2. $500 CAD.

This limitation of liability shall not apply where liability cannot be limited or excluded under applicable law.

6. Preservation of Legal Rights

Nothing in these Terms excludes, limits, or waives any rights that cannot legally be excluded, limited, or waived under applicable law.

Part 2

Use of Our Services

1. Eligibility

You must be at least 18 years of age to create an account, purchase memberships, or participate in Activities unless BIOM expressly offers or authorizes a program for minors.

2. Accounts

Users must provide accurate and current information when creating an account.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

BIOM reserves the right to suspend or terminate accounts that contain inaccurate information or are being used fraudulently.

Memberships & Payments

3. Memberships

BIOM offers memberships, class packs, gift cards, events, workshops, and other products.

Certain memberships, including Founding Memberships, are governed by separate Membership Terms & Conditions presented at the time of purchase.

If there is any conflict between these Terms and a membership agreement, the applicable Membership Terms & Conditions shall govern.

4. Payments

Payments are processed through authorized third-party payment providers.

By completing a purchase, you authorize BIOM to charge your selected payment method for all applicable fees and taxes.

Unless otherwise stated or required by law, purchases are non-refundable.

Booking, Attendance & Guests

5. Booking & Attendance

Reservations are subject to availability.

Booking windows, cancellation windows, waitlists, booking limits, late cancellation fees, no-show fees, and guest privileges are determined by the applicable membership or product and may change from time to time.

Users are responsible for reviewing the booking policies applicable to each reservation.

Certain guided experiences begin promptly and may not permit late entry. Guests arriving after the scheduled start time may be refused entry to preserve the safety, flow, and experience of the group.

6. Guests

All guests must complete any required waivers before participating. BIOM reserves the right to refuse admission to any guest.

Community Standards

7. Community Standards

BIOM is committed to creating a welcoming, respectful, and inclusive environment.

Harassment, discrimination, intimidation, violence, abusive behaviour, hateful conduct, or behaviour that negatively impacts the experience or safety of others will not be tolerated.

BIOM reserves the right to refuse entry, suspend accounts, cancel bookings, or terminate memberships where these standards are violated. BIOM also reserves the right to refuse entry, remove any individual from the facility, or terminate access where we reasonably believe it is necessary to protect the safety, wellbeing, operations, or community experience of our members, guests, or staff.

Health & Safety

8. Health & Safety

The safety and wellbeing of our members, guests, and team are our highest priority.

By using BIOM’s Services, you agree to:

• Follow all instructions provided by BIOM staff and guides.
• Participate only in activities that you feel physically capable of completing.
• Inform BIOM of any relevant medical conditions, injuries, pregnancy, or other circumstances that could affect your participation.
• Exit any sauna, cold plunge, breathwork session, or other activity immediately if you feel dizzy, faint, unwell, or otherwise unsafe, and notify a BIOM team member.
• Refrain from participating while under the influence of alcohol, illegal drugs, or any substance that could impair your judgment or ability to participate safely.
• Treat all equipment and facilities safely and only for their intended purpose.
• Wear appropriate attire as required for the activity or facility.
• Follow all posted rules, capacity limits, hygiene requirements, and safety signage throughout the facility.

BIOM reserves the right to refuse participation in any activity where we reasonably believe doing so is necessary to protect the health or safety of the participant, other guests, or our team.

BIOM reserves the right to refuse participation or entry to any individual who appears intoxicated, impaired, or otherwise unable to participate safely.

Facility Rules

9. Facility Rules

To help create a safe, respectful, and enjoyable experience for everyone, all users agree to follow BIOM’s facility rules.

Unless otherwise permitted by BIOM:

• Alcohol, illegal drugs, smoking, and vaping are prohibited anywhere within the facility.
• Glass containers or bottles are not permitted in wet areas, including the sauna, cold plunge areas, lounge, showers, or changerooms.
• Users must respect quiet areas and be mindful of other guests’ experiences.
• Appropriate attire, including swimwear where required, must be worn in designated areas.
• Users must follow all hygiene requirements, including showering before entering shared water facilities where requested.
• Personal belongings should be stored in designated storage areas, lockers, or other locations identified by BIOM and must not obstruct walkways, emergency exits, or shared spaces.
• Photography, video recording, and phone use is prohibited to protect the privacy and comfort of other guests.
• Users must comply with all reasonable instructions provided by BIOM staff.

Failure to comply with these Facility Rules may result in removal from the facility, cancellation of bookings, suspension of membership privileges, or termination of access without refund, where permitted by applicable law.

10. Lockers

Lockers are provided for temporary use during your visit.

All personal belongings must be removed before leaving the facility.

Items left behind may be removed by BIOM and retained for a reasonable period before being donated, recycled, or otherwise disposed of.

11. Personal Property

Users are responsible for their personal belongings.

BIOM is not responsible for lost, stolen, or damaged property except where required by applicable law.

Users may be responsible for damage caused to BIOM’s facilities, equipment, or property through negligent, reckless, or intentional actions.

Photography & Security Cameras

12. Photography & Security Cameras

From time to time, BIOM may capture photographs or video for marketing, educational, or community purposes.

Members who prefer not to appear in promotional content should notify a BIOM team member prior to participating.

For the safety and security of our members, staff, and facilities, portions of BIOM may be monitored by security cameras. Cameras are never installed in washrooms, change rooms, or other areas where privacy is reasonably expected.

Programming, Promotions & Discounts

13. Changes to Programming

BIOM reserves the right to modify operating hours, class schedules, instructors, amenities, programming, events, pricing, memberships, or available services at any time.

Temporary closures may occur due to maintenance, repairs, weather, private events, public health requirements, or circumstances beyond BIOM’s reasonable control.

14. Promotions & Discounts

Promotions, guest passes, promotional pricing, discounts, referral offers, and promotional codes are offered at BIOM’s sole discretion.

Unless otherwise stated, promotional offers:

• Have no cash value;
• May not be transferred or resold;
• May expire;
• May be modified or discontinued at any time.

Intellectual Property

15. Intellectual Property

All BIOM names, logos, trademarks, photographs, videos, written materials, graphics, software, branding, class scripts, and other content remain the exclusive property of BIOM or its licensors.

No material may be copied, reproduced, distributed, modified, or used for commercial purposes without BIOM’s prior written consent.

Privacy

16. Privacy

Your use of our Services is also governed by our Privacy Policy, which describes how BIOM collects, uses, stores, and protects your personal information.

Force Majeure

17. Force Majeure

BIOM shall not be liable for delays, interruptions, cancellations, or failure to provide Services due to circumstances beyond its reasonable control, including severe weather, natural disasters, labour disputes, government actions, public health emergencies, utility failures, equipment failures, or other unforeseen events.

Changes to These Terms

18. Changes to These Terms

BIOM may update these Terms from time to time.

The most current version will always be available on our website and mobile application. Continued use of our Services constitutes acceptance of any revised Terms.

Governing Law

19. Governing Law

These Terms shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Any dispute arising from these Terms shall be resolved in the courts of Ontario unless otherwise required by applicable law.