By Any Means Toronto | Elite Basketball Training in Oakville, On

Terms & Conditions

last updated: july 11, 2025

Business Name: By Any Means GTA, doing business as By Any Means Toronto

Business Address: 1079 Linbrook Rd, Oakville On L6J 2L2

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 {{ custom_values.legal_business_name }}, doing business as {{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 be bound by these Terms. If You disagree with any part of the Terms, You may not access or use the Service.

You represent that You are over the age of 18 or the parent/legal guardian of a participating minor.

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, you agree to receive recurring SMS messages from the Company. These may include appointment confirmations and reminders, membership and account information, promotional messages, program updates, and opt-in/out confirmations.

You can cancel SMS communications at any time by texting “STOP” to +1 (289) 816-6569. We will confirm your opt-out status via SMS. For assistance, reply with “HELP.”

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, you agree to receive recurring SMS messages from the Company. These may include appointment confirmations and reminders, membership and account information, promotional messages, program updates, and opt-in/out confirmations.

You can unsubscribe from emails at any time by clicking the “unsubscribe” link included in each message.

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

A "month" equals four (4) weeks or twenty-eight (28) days.

Your payment method will be charged automatically every 28 days.

A $25 fee applies to failed or late payments.

Training will be suspended until outstanding balances are resolved.

4.2 Pausing Membership

Memberships may be paused with at least 72 hours' notice.

Minimum pause: 2 weeks

Maximum pause: 8 weeks

A minimum of 3 active weeks is required between pauses.

If no return date is given, billing automatically resumes after 4 weeks.

4.3 Canceling Membership

Cancellations must be requested at least 4 days before the next billing date.

If the deadline is missed, a final payment will be processed before cancellation.

No refunds are provided for mid-cycle cancellations or unused sessions.

4.4 Missed & Make-Up Sessions

Missed sessions are non-refundable.

Make-ups must:

Be requested with at least 24 hours' notice

Be used within the same billing cycle

Be scheduled based on coach availability

Make-ups do not roll over to the next cycle.

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.

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.

7. Media Release

By participating in the Service, You grant the Company permission to capture and use photos/videos for promotional purposes, including social media, advertising, and internal documentation.

No names or identifying information will be published without written consent. You may opt out by submitting a written request.

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

By participating in the Service, You (and/or your minor child) voluntarily assume all risks of physical activity. You agree to:

Release and hold harmless : By Any Means GTA - By Any Means Toronto, its staff, and partners from liability for injuries, losses, or damages.

Accept personal responsibility for safety during sessions.

Authorize emergency medical treatment in case of injury when a guardian cannot be reached.

Assume risks associated with illness, including but not limited to COVID-19.

If enrolling a minor, You affirm that You are their legal guardian and consent on their behalf.

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

To the fullest extent permitted by law, the Company’s total liability shall not exceed the amount You paid for the Service in the 3 months preceding the claim or $100 USD, whichever is greater.

We are not liable for indirect, incidental, special, or consequential damages, including lost profits, business interruption, or injury, even if advised of the possibility.

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 United States. Your use of the Service may also be subject to local, state, or international laws.

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 and Conditions at any time without prior notice. The most current version will always be made available on our website or provided upon request.

By continuing to use the Service after any changes are made, You agree to be bound by the updated Terms. We encourage You to review these Terms periodically to stay informed.