TERMS & CONDITIONS
TERMS OF SERVICE
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.sweatandtonic.com, the S&T mobile application, or any other websites or applications (the “Site”) operated by Sweat and Tonic Inc. (“Sweat and Tonic”, “S&T”, “us”, “we”, or “our”), or accessing any of our Facilities.
Sweat and Tonic operates a series of fitness, wellness, recovery, lounge and workspace facilities (“Facilities”). Access to our Facilities can be obtained or purchased through a number of manners, including special offers, monthly memberships, credits, gift card offers, or any other means made available by Sweat and Tonic from time to time. Irrespective of how you obtained access, your use of our Site and Facilities will be governed by these Terms of Service.
Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of or purchases made on the Site or at our Facilities (“Sweat and Tonic Services”). You are only authorized to use the Sweat and Tonic Services (regardless of whether you access or use as intended) if you agree to abide by all applicable laws and to these Terms of Service.
Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of Sweat and Tonic Services immediately.
YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2022
This Agreement is subject to the Ontario Consumer Protection Act, 2022, which provides consumers with cancellation rights in respect of gym memberships over a prescribed amount. When you sign up for a monthly membership, you may cancel at any time within the first 10 days of receiving a written copy of the agreement by emailing hello@sweatandtonic.com. You do not need a reason to cancel within this period. If you cancel, Sweat and Tonic has 15 days to refund your money. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
ACCOUNTS AND MEMBERSHIP ELIGIBILITY
ACCOUNT TERMS: In order to access some features of the Site or the Facilities, you will have to create a Sweat and Tonic account and you will be asked to choose a password. When creating your account, you must provide accurate and complete information. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Sweat and Tonic immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You may never use another person’s account without permission.
You are strictly prohibited from the possession of multiple Sweat and Tonic accounts, including accounts with varying account holder names, email addresses, phone numbers or physical addresses. The creation of multiple accounts to gain access to discounts or promotions is strictly prohibited. Accounts in breach of these Terms and Conditions may, without prior warning, be subject to a rectification fee, charged for the full value of products or services received, or be merged or cancelled at Sweat and Tonic’s sole discretion.
AGE RESTRICTIONS: Membership is void where prohibited. This Site is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Sweat and Tonic Services or the Site, you represent and warrant that you are 13 or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors over the age of 16 may use our Facilities or register on our Site only with the involvement of a parent or guardian.
MOBILE APP: The Sweat and Tonic Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase Sweat and Tonic products and services via your mobile phone, (ii) the ability to receive and reply to Sweat and Tonic messages, (iii) the ability to browse Sweat and Tonic content from your mobile phone and (iv) the ability to access certain Sweat and Tonic features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile App”). We do not charge for the Mobile App. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain mobile apps may be prohibited or restricted by your carrier, and not all mobile apps may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile App is available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile App.
FEES AND CHARGES
You acknowledge that Sweat and Tonic charges fees for certain Sweat and Tonic Services and agree to pay for the fees due in relation to each Sweat and Tonic Service you have selected. When paying by credit card, you consent to your credit card being pre-authorized for the amount selected.
Some of our fees are charged on a one-time per purchase basis (e.g. first timer special offers, credit packages, merchandise, certain spa services) whereas other fees are charged on a recurring basis (e.g. monthly memberships). Sweat and Tonic reserves the right to change its fee schedule from time to time at its discretion. Where required by applicable laws, Sweat and Tonic will provide prior notice and an opportunity for members to terminate their memberships prior to certain changes coming into force.
MEMBER SERVICES AND FACILITY POLICIES
The following policies and Club Code of Conduct apply to the purchase of products, services and use of our Facilities. Members (which includes customers who purchase or obtain temporary passes and access to our Facilities) who are found in violation of these policies or the Club Code of Conduct (including in relation to access rules, guest allowances, access card sharing or workspace behaviour) will be contacted by management and asked to correct the violation.
Sweat and Tonic reserves the right to limit, cancel or refuse access to all or a portion of the Facilities if you or your guest are found in violation of its policies or Code of Conduct without further notice. In such cases, a refund may be issued in Sweat and Tonic’s sole discretion.
CREDITS: All classes and credit packages are non-refundable. Fundraiser class credits cannot be used for event(s) or class(es) other than that specified at the time of purchase, and expire at the conclusion of the fundraising event/class. If you are on a monthly membership and wish to purchase additional credits, you may do so at posted rates. Credits can be used to book services for people other than the account holder.
MEMBERSHIP: Subject to the statutory right of cancellation above, all monthly membership packages are non-refundable. Monthly memberships can be canceled anytime by contacting us via email, phone, or in person at the Facilities.
CLASS BOOKING CANCELLATIONS: Reservations for classes must be changed or canceled at least 12 hours prior to the scheduled start time. Changes or cancellations that occur within 12 hours of a class start time will be subject to a late cancellation fee. Classes booked with a credit are subject to loss of the credit for a late cancellation or absence. For certain memberships, including but not limited to Unlimited, 9 to 5 Sweat, and the 3-Day All Access pass, you will be charged our no show fee for no shows and our cancellation fee for any late cancellations. This includes switching time slots within the 12-hour notice time period. You can cancel online, in our Mobile App, or by calling us. If you have any questions or comments, please feel free to contact us at hello@sweatandtonic.com.
RESERVATIONS: You must be checked in and physically present at the start of your scheduled class or your spot may be given to a waitlisted client. Booking overlapping classes or services to any extent with a membership is prohibited. You understand that should a system error arise that results in the booking of a service with an ineligible membership or credit type, Sweat and Tonic reserves the right to cancel your reservation.
CLASS REFUNDS & CANCELLATIONS: You understand that refunds will not be granted in cases such as sickness, unexpected travel, work commitments, religious holidays / commitments and other miscellaneous circumstances which may arise. Upon the provision of a doctor’s note, exceptions may be made in the case of long-term illness or pregnancy.
MEMBERSHIP FREEZES: You can request one (1) membership freeze of up to 14 days for every 6 months of membership, up to a maximum of two (2) membership freezes in a 12-month period, beginning the first date of your membership. Your membership start date is the date you signed up for a membership. This does not include involuntary freezes, such as studio closures.
You must provide a minimum of three (3) days’ notice to ensure your account is not automatically charged. Please contact us at hello@sweatandtonic.com to put your account on hold. Sweat and Tonic reserves the discretion to make exceptions to the above membership freeze limits, including in the case of an injury, pregnancy or long-term illness (upon the provision of a doctor’s note or other documentation requested).
MEMBERSHIP VIOLATIONS: Sharing of memberships which is the use of the membership in someone else’s name to attend a class is a serious offense. Such instances will result in the termination of the membership, the automatic charging of a penalty fee and possible referral to police for fraud or theft of services.
CREDIT EXTENSIONS: Credit expiration dates are made known at the time of purchase and can not be extended. Sweat and Tonic reserves the discretion to make exceptions including in the case of an injury, pregnancy or long-term illness (upon the provision of a doctor’s note or other documentation requested).
TONIC HOUSE: Unlimited members can be issued a Tonic House Access Card for access to Tonic House. You will be charged a deposit fee upon receiving the Access Card, which will be refunded to you upon return of the card to Sweat and Tonic. Tonic House Access Cards are non-transferrable. Tonic House access is reserved for customers with a monthly Unlimited membership and other customers from time to time. Members granted access may be permitted to bring one (1) guest daily to share the Tonic House space.
Tonic House may be booked for a private event at any time in which case Unlimited members will not have access unless expressly invited to the event by the host. Private events may alter Tonic House availability. Members understand the nature of the private events space and will not be compensated in the event of loss of access to private events.
RETAIL ITEMS: Unused, regular-priced merchandise will be accepted for a full refund within 14 days of purchase and will be issued to original form(s) of payment. After 14 days, a store credit will be issued for up to 30 days. No returns or exchanges without a receipt. Items purchased on sale or at a discounted rate are non-refundable. For questions or support with online purchases or returns, please contact hello@sweatandtonic.com.
GIFT CARDS: All gift cards are non-refundable. No exceptions. Gift cards are not exchangeable for cash, and will not be replaced if lost or stolen.
DISCOUNTS & PROMOTIONS: Special offers, discounts, promotions, or discount codes cannot be combined. Certain credit packs and discount codes are made available for first-time customers only. A first-time customer is defined as any person who has never taken a class at Sweat and Tonic. This includes, but is not limited to, introductory packages, Influencer promotional codes, or other marketing and promotional offers.
CLUB CODE OF CONDUCT
ATTENDANCE: You must be physically present and checked in at the start of class or your spot may be released to a waitlisted client. Classes begin promptly and studio doors will remain open for 2 minutes after the class starts. Once the studio doors close, any other latecomers will not be permitted. No exceptions. Unless you are physically unwell, you may not leave class before the end. Booking overlapping classes or services to any extent with a membership is prohibited.
CHECK-IN: You must check in prior to class start time at the front desk or by using the self check-in feature on our Mobile App. Once you are checked in, you must attend the class. Failure to do so will result in a "no-show" and applicable penalty charges. Abuse of the check-in system, including but not limited to the self check-in feature, will result in immediate suspension of your account while account history and activity are being audited.
STUDIOS: If recovering from injury or illness, notify the instructor prior to the class start time. Phones are not permitted in the yoga studio and pool deck. Use of a phone during active exercise is prohibited. Gym equipment is to be used as directed. Do not enter studios while class is in progress. Use of the Personal Training studio is not permitted without a reservation with and under the supervision of a S&T Personal Trainer. Glassware is strictly prohibited inside fitness studios.
ALCOHOL: Alcoholic beverages must never be consumed prior to partaking in fitness activities. All bar patrons must be of legal drinking age and drink responsibly. Alcoholic beverages must be kept within licensed areas.
TONIC HOUSE: Tonic House acts as a workspace. Members are asked to observe quiet working conditions, keeping personal areas tidy, conversations at an appropriate level, and to always use earphones when using digital devices.
SAUNAS: You must be at least 13 years of age to use the saunas. Please shower before entering saunas. Do not pour water on any part of the sauna. No food or drinks are allowed inside the sauna. No drying of personal items in the sauna is permitted.
CLUB FACILITIES: Toiletries and amenities, including but not limited, to skincare products, body care products and towels, are to be enjoyed by guests that have purchased a class or service that day in reasonable quantities. These items may not be removed from the Sweat and Tonic premises. Tampering with equipment, such as thermostats, sauna controls, and meditation pod, is not permitted. If you require assistance, please ask a S&T team member. Lockers are for day use only. Contents left in lockers overnight may be placed in lost & found or donated to charity.
PERSONAL BELONGINGS: You agree that Sweat and Tonic is in no way responsible for the safekeeping of your personal belongings while you are present in the facility. You assume all risk of loss for any of your personal belongings.
BEHAVIOUR: S&T intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offenses. Harassment of any sort – verbal, physical, and visual – will not be tolerated. S&T is a place of wellness and community. Be respectful of other guests and S&T team members.
SHARED SPACE ETIQUETTE: You are expected to take efforts to look after all areas of the facility, being respectful and considerate of the experience of others. As such, you must return all used towels in the bins provided and be cognizant of the space taken up by personal belongings in the locker room. One locker is permitted per guest. When using bathrooms, please clean up after yourself, and leave the room in the manner in which you would expect to find it. Overt displays of disrespect of shared spaces, towards S&T staff or fellow guests will be met with a warning; a second offence may result in being asked to leave the club.
PHOTO AND VIDEO CONTENT: From time to time, we may capture video or photo content at the facilities for social media or promotional purposes. By attending, you consent to and acknowledge this. Taking video or photo content inside locker rooms is strictly prohibited.
GENERAL: For instances of behaviour not specifically covered in these Terms and Conditions, management may use the internal Company Code of Conduct to provide the guiding principles for adjudication in instances of conflict.
RISKS OF CERTAIN ACTIVITIES AND LIMITATION OF LIABILITY
By creating an account, making purchases on the Site and/or attending any classes or activities at the Facilities, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, and any minors you are responsible for, that there are certain inherent risks and dangers in the Sweat and Tonic Services.
You understand that you or your ward should consult with your physician or primary health care provider prior to commencing any classes (which may involve intense physical exercise programs) or any other Sweat and Tonic Services, including health or wellness services offered at the Facilities. You acknowledge that there are inherent risks in participating in certain Sweat and Tonic Services, including but not limited to the following:
- Fitness Classes and Personal Training. Due to the strenuous nature of group fitness classes or personal training sessions, there is the possibility of adverse physiological occurrences including, but not limited to: injuries, abnormal blood pressure, fainting, heart attack or death.
- Immersive Projection Technology and Studio Lighting. Audio-visual aspects of our group fitness classes may incorporate the use of immersive lighting and projection technology. Some users may experience side effects, such as headaches, eye strain, dizziness and/or nausea after experiencing such technology.
- Pool, Sauna, Hydrotherapy and Cold Plunge Services. Due to fluctuating or extreme temperatures, these could be dangerous to your health. You should consult a physician before you use the sauna or cold plunge services. Those with medical conditions such as high blood pressure, heart disease, and respiratory problems, and those who are pregnant, should avoid exposure to high heat.
- Massage Therapy, Chiropractic, Acupuncture, IV Therapy and other Health and Wellness Services. There are additional risks associated with the use of these health services, and some of them may only be provided by certain regulated health professionals after a health intake questionnaire. You should provide all your relevant health information to your provider before undertaking these services, including information relating to pre-existing injuries or health conditions.
You are aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that Sweat and Tonic provides the Sweat and Tonic Services “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. You assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of Sweat and Tonic and agree to use care to protect against accidents to and by other participants.
You are aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death. You understand that Sweat and Tonic shall have no responsibility to pay for medical treatment and related costs if you are injured. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff of Sweat and Tonic. You are aware and acknowledge that you should consult with your physician or have a physical examination before participating or enrolling in Sweat and Tonic Services, especially if you have a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have other physical limitations.
If, in the subjective opinion of Sweat and Tonic’s staff, you would be at physical risk participating in Services, you understand and agree that you may be denied access to the Services until you furnish Sweat and Tonic with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing the concerns of Sweat and Tonic and stating that the concerns of Sweat and Tonic are unfounded and without medical merit.
You agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Sweat and Tonic Services; release, indemnify, and hold harmless Sweat and Tonic , as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns (“S&T Releasees”), from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that you may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Sweat and Tonic Services or use of the Facilities; and represent that you: (a) have no medical or physical condition that would prevent you from properly using any of the Sweat and Tonic Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise or other activities such as that offered by Sweat and Tonic you are aware and acknowledge that if you have any chronic disabilities or conditions, you are at risk in using the Sweat and Tonic Services and Facilities, and should not be participating in any Sweat and Tonic Services which could cause increased risk of injury or adverse health consequences as a result of exercise. You are aware and acknowledge Sweat and Tonic makes no claims as to medical results that can or may be obtained through participation in Sweat and Tonic Services and use of the Facilities.
S&T Releasees will not be liable for any damages of any kind arising out of or in connection with your use of the Site, Facilities, Sweat and Tonic Services, or in connection with S&T’s decision to limit, cancel or refuse access to all or a portion of our Site, Facilities, or any Sweat and Tonic Services to you. Except where prohibited, this is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Sweat and Tonic has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any unlicensed employee, including those of Sweat and Tonic, unless such advice has been verified by the participant's licensed physician. You further understand and acknowledge that Sweat and Tonic does not manufacture fitness or other equipment or products available in the Facilities and therefore Sweat and Tonic will not be held liable for defective equipment or products. Accordingly, to the fullest extent permitted by law, you do hereby forever release, waive and discharge S&T Releasees from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to your participation in Sweat and Tonic Services and use of the Facilities, and hereby agree to defend, indemnify and hold harmless S&T Releasees from and against any such Claims.
COPYRIGHT
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Sweat and Tonic, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sweat and Tonic reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or services provided by you to the Company are non-confidential and shall become the sole property of Sweat and Tonic.
You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Site or the Content therein.
“Sweat and Tonic”, “S&T”, and other graphics, logos, wordmarks, and designs are trademarks of Sweat and Tonic. Sweat and Tonic’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sweat and Tonic.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Sweat and Tonic Services. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting the club directly via email. Sweat and Tonic may terminate your membership at any time, without warning, if you breach these Terms of Service. If Sweat and Tonic terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees. We may also terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Sweat and Tonic Inc. Sweat and Tonic Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
MOBILE SERVICES
The Sweat and Tonic Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase Sweat and Tonic via your mobile phone, (ii) the ability to receive and reply to Sweat and Tonic messages, (iii) the ability to browse Sweat and Tonic from your mobile phone and (iv) the ability to access certain Sweat and Tonic features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Sweat and Tonic and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
GOVERNING LAW
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
Subject to applicable laws, we reserve the right, at our sole discretion, to modify, amend or replace these Terms of Service at any time, without notice, by posting the updated terms on the Site. Subject to applicable laws, your continued use of the Site and the Facilities after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or Facilities and discontinue any use of the Site or Facilities immediately.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Sweat and Tonic on the Site, shall constitute the entire agreement between you and Sweat and Tonic. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sweat and Tonic’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Sweat and Tonic or its services, or your dealings with this site, please contact us at hello@sweatandtonic.com, 416-372-0225, or 225 Yonge Street, Toronto, ON M5B 1N8.
These Terms of Service have been updated as effective as of December 12, 2024.