Terms & Conditions
Last updated: July 11, 2025
Business Name: By Any Means GTA
Contact: [email protected] | (289) 816-6569
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.1 Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to {{location.name}}, located at {{location.full_address}}.
Country refers to:{{location.state}] {{location.country}}
Device means any device that can access the Service such as a computer, cellphone, or digital tablet.
Service refers to the basketball training and related communications provided by the Company.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
You means the individual accessing or using the Service, or the parent/legal guardian of a minor enrolled in the Service, or the company or legal entity on behalf of which such individual is acting, as applicable.
2. Acknowledgement
These Terms and Conditions govern Your access to and use of the Service and form the agreement between You and the Company.
By accessing or using the Service, You agree to these Terms. If You disagree with any part of the Terms, You may not access or use the Service.
If enrolling a minor, you confirm You are their parent/legal guardian and accept responsibility for their participation.
Use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect Your information. Please review it carefully.
3. Communication Terms
3.1 SMS Messaging
By providing your phone number and expressly consenting (e.g., by checking a consent box), you agree to receive recurring SMS messages from the Company.
You may withdraw consent at any time by replying “STOP” to (289) 816-6569, or contacting us directly.
Message and data rates may apply. Message frequency varies.
Carriers are not liable for delayed or undelivered messages.
Consent to receive SMS is not a condition of purchasing or participating in our services.
For more information, please refer to our Privacy Policy.
3.2 Email Communication
By providing your email address and expressly consenting, You agree to receive emails from the Company. These may include appointment confirmations and reminders, membership and account information, promotional messages, program updates, and opt-in/out confirmations.
You may unsubscribe at any time by clicking the “unsubscribe” link in our emails.
Please note: Unsubscribing from marketing emails does not stop essential service communications (such as billing or schedule updates).
For more information, please refer to our Privacy Policy.
4. Membership Terms
All memberships are billed on a recurring basis. By enrolling, you agree to the following:
4.1 Billing Cycle
“Month” = four (4) weeks / 28 days.
Payments are billed automatically every 28 days.
A $25 fee applies to failed or late payments.
Training is suspended until balances are paid.
4.2 Pausing Membership
Minimum 2 weeks, max 8 weeks. Must request at least 72 hours before next billing date. Billing resumes automatically on the agreed return date.
4.3 Canceling Membership
Must be requested at least 4 days before the next billing date.
Any cancellation requested after this period will be processed for the next billing cycle; no retroactive refunds.
This complies with Ontario’s Consumer Protection Act.
4.4 Missed & Make-Up Sessions
Non-refundable, must be scheduled within the same billing cycle with 24+ hours’ notice, subject to coach availability.
4.5 Switching Plans
Requests to switch membership plans must be submitted via email or text.
Allow up to 48 hours for processing.
Upgrades may incur a prorated charge.
Downgrades take effect in the next billing cycle.
All changes are subject to space and coach approval.
5. Free Trial Terms
One (1) free trial is allowed per new athlete.
Trial sessions must be scheduled.
24 hours’ notice is required to reschedule.
Missed trials without notice may not be rebooked.
All participants must comply with our Code of Conduct and Waiver of Liability.
Read the Full Free Trial Agreement here.
6. Code of Conduct
All participants are expected to:
Show respect toward coaches, teammates, and staff.
Refrain from profanity, disruptive behavior, or inappropriate conduct.
Follow all instructions provided by staff and coaches.
Help maintain a safe, supportive training environment.
Violations may result in suspension or termination of membership without refund.
The Company reserves the right to remove any participant for safety, disruption, or repeated breaches, with no refund.
7. Media Release
By participating, you consent to photography and videography for promotional and training purposes.
You may opt out at any time in writing. We will stop new use of your image within 5 business days of receiving your request.
Previously published materials will not be recalled.
8. Privacy Policy
We collect and store personal information (e.g., name, contact info) to administer the Service. We do not sell or share Your information without consent, except as required by law.
Refer to our Privacy Policy for full details.
9. Waiver of Liability
To the fullest extent permitted by Ontario law, you:
Assume all risks associated with participation in physical activity.
Release and hold harmless By Any Means GTA, its staff, and partners from claims except where caused by gross negligence or intentional misconduct.
Accept responsibility for your own (or your child’s) health and safety during participation.
Authorize emergency medical treatment if required.
Read the full Athlete Participation, Waiver, and Media Release here.
10. Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
11. Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
12. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
We assume no responsibility for the content, policies, or practices of any third-party websites.
We are not liable for any loss or damage related to third-party content or services.
We strongly recommend reviewing the terms and privacy policies of any external sites You visit.
13. Termination
We may suspend or terminate access to the Service or your Account immediately, without notice, for any reason including violation of these Terms.
You may also request to terminate your Account at any time.
14. Limitation of Liability
Our total liability for any claim will not exceed the total fees paid by you in the 3 months before the event giving rise to the claim, except where prohibited by law. We are not liable for indirect or consequential damages unless required by law.
15. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. We make no guarantees that the Service will meet Your expectations, operate without interruption, or be error-free.
Some jurisdictions do not allow the exclusion of certain warranties or liabilities. In such cases, the above limitations will apply to the greatest extent permitted by law.
16. Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada, and any applicable federal laws of Canada. Any disputes will be handled exclusively in Ontario courts.
17. Disputes Resolution
If You have any dispute or concern with the Service, You agree to first attempt to resolve it informally by contacting the Company.
18. Severability and Waiver
If any part of these Terms is found to be invalid or unenforceable, the remaining parts shall remain in full force.
Failure to enforce any provision shall not be deemed a waiver of future enforcement.
19. Translation and Interpretation
These Terms and Conditions may have been translated for your convenience. In the event of any discrepancies or conflicts between the translated version and the original English version, the English version shall prevail.
20. Changes to These Terms and Conditions
We may update these Terms from time to time. If we make material changes, we will notify you by email or SMS at least 14 days before they take effect. Continued participation after that period means you accept the changes.
21. Contact Us
If you have any questions about these Terms & Conditions, you can contact us:
By email: [email protected]
By phone number: (289) 816-6569