Welcome to thrivegymnastics.ca (the “Site”), operated by Thrive Gymnastics (“Thrive”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
These Terms apply to your use of our website only. Enrollment in our programs, participation in classes, camps, birthday parties, and use of our facility are governed by separate agreements, including our registration forms, waiver and release of liability, photo-release consent, facility rules, and program-specific policies. Where there is any conflict, those program agreements prevail over these Terms with respect to the relevant subject matter.
1. Who we are
- Operator: Thrive Gymnastics Inc.
- Address: 455 Addison Hall Circle, Units 6-8, Aurora, Ontario, L4G 3X8
- Privacy contact: info@thrivegymnastics.ca
- Phone: (905) 727-6288
2. Eligibility and account
The Site is intended for users 18 years of age or older, or for minors accessing it with the involvement of a parent or guardian. By using the Site you confirm you have the legal capacity to enter into these Terms, or that a parent or guardian is doing so on your behalf.
If you create an account or submit a registration through the Site, you agree to provide accurate and complete information, to keep it up to date, and to safeguard any login credentials. You are responsible for activity under your account.
3. Acceptable use
You agree that you will not:
- Use the Site for any unlawful, fraudulent, or harmful purpose.
- Attempt to gain unauthorized access to the Site, its server, or any related system or network.
- Interfere with or disrupt the Site, including by introducing viruses, malware, or any disabling code.
- Scrape, harvest, or otherwise collect information from the Site by automated means, except as permitted by our robots.txt or with prior written consent.
- Use the Site or its content to defame, harass, abuse, or threaten any person.
- Reproduce, distribute, modify, sell, or exploit any part of the Site or its content except as expressly permitted in these Terms or by applicable law.
4. Intellectual property
The Site and all of its content — including text, graphics, photographs, video, logos, illustrations, software, and design — is owned by or licensed to Thrive and is protected by Canadian and international intellectual-property laws.
You may view, download, and print Site content for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact. Any other use, including reproduction, distribution, modification, public display, or commercial use, requires our prior written permission.
“Thrive Gymnastics” and our logos are trademarks of Thrive. You may not use them without our prior written consent.
5. User-submitted content
If you submit comments, testimonials, reviews, photos, videos, or other content to the Site (for example through a contact form, registration form, or social-media tag), you grant Thrive a non-exclusive, royalty-free, worldwide, perpetual, transferable, sublicensable licence to use, reproduce, display, adapt, and distribute that content for purposes related to operating and promoting our business. You confirm that you have all rights necessary to grant this licence and that the content does not infringe any third-party rights or applicable laws.
We may remove any user-submitted content at our discretion, with or without notice.
6. Bookings, prices, and program information
We try to keep program information, schedules, pricing, and availability on the Site accurate and current. However, errors and changes happen. We reserve the right to correct any errors, change prices, modify programs, or update Site content at any time without prior notice.
Bookings made through the Site or a linked third-party platform are subject to confirmation by us and to any applicable program-specific terms, including registration agreements, deposit and refund policies, and our waiver and release of liability.
7. Third-party services and links
The Site may include links to third-party websites, services, or tools that we don’t control (for example, class-registration platforms, payment processors, social-media platforms, or map providers). We provide these links for convenience only. We do not endorse or assume responsibility for the content, policies, or practices of any third-party site or service. Your dealings with any third party are solely between you and that third party.
8. Disclaimers
To the maximum extent permitted by law, the Site and its content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You use the Site at your own risk.
Nothing on the Site is intended as medical, legal, financial, or other professional advice. Before starting any physical activity, including gymnastics, you should consult a qualified health professional if you have any concerns about your ability to participate safely.
9. Limitation of liability
To the maximum extent permitted by law, Thrive, its owners, directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Site, whether based in contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Where liability cannot be excluded by law, our total liability arising out of or related to your use of the Site is limited to the greater of (a) the amount you paid to us in connection with the Site in the twelve months before the event giving rise to the liability, or (b) one hundred Canadian dollars (CAD $100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Canadian or Ontario law, including in relation to fraud, fraudulent misrepresentation, or personal injury caused by negligence.
10. Indemnification
You agree to indemnify and hold harmless Thrive and its owners, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Site, or your violation of any law or any rights of any third party.
11. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share personal information. By using the Site, you consent to the practices described in the Privacy Policy.
12. Changes to these Terms
We may update these Terms from time to time. The current version will always be posted at thrivegymnastics.ca/terms with an updated “Effective Date.” Where changes are significant, we will take reasonable steps to notify you (for example, by email or a notice on the Site). Your continued use of the Site after a change indicates your acceptance of the updated Terms.
13. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have breached these Terms or for any other reason in our discretion. Sections that by their nature should survive termination (including Sections 4, 5, 8, 9, 10, and 14) will survive.
14. Governing law and dispute resolution
These Terms and any dispute arising out of or related to them or the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to its conflict-of-laws principles.
You agree that any legal action or proceeding will be brought exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction and venue of those courts.
15. General
- Entire agreement: These Terms, together with our Privacy Policy and any program-specific agreements, constitute the entire agreement between you and Thrive regarding the Site.
- Severability: If any part of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- No waiver: Our failure to enforce any provision is not a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a business transition.
- Language: The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents s’y rapportant soient rédigés en anglais.
16. Contact us
Questions about these Terms? Get in touch:
Thrive Gymnastics
Email: info@thrivegymnastics.ca]
Phone: (905) 727-6288
Mail: 455 Addison Hall Circle, Units 6-8, Aurora, Ontario, L4G 3X8