Terms of Service

koach.ca

Version 1.0 — pending publication — Draft pending lawyer review

Introduction

These Terms of Service ("Terms") govern your use of koach.ca and the services offered through it. koach.ca is operated by Alec Baltadjian as a sole proprietorship based in the Province of Quebec, Canada ("we," "us," "our," "koach").

By creating an account or purchasing a service, you agree to these Terms. If you do not agree, please do not use the platform.

These Terms are drafted in plain English. Where specific legal terminology is used, it is because the Quebec Civil Code, the Quebec Consumer Protection Act, or another applicable law uses it.

1. The services we provide

koach.ca offers online personal training services delivered by certified coaches. At the time of publication, our services are organized in four categories:

1.1 Koach Solo (asynchronous online coaching)

Asynchronous online coaching delivered through the member dashboard, with a monthly 30-minute video check-in with your koach. Available in three commitment tiers:

Month-to-Month — no commitment, cancel anytime
3-Month — subscription with monthly billing, 3-month minimum term
6-Month — subscription with monthly billing, 6-month minimum term

Each Solo tier includes: a periodized training program designed for you, a monthly 30-minute video check-in with your koach, unlimited messaging support, access to the member dashboard, and weekly check-ins. Pricing per tier is shown at koach.ca/pricing/ at the time of purchase.

1.2 Individual Live Training (1-on-1 online or on-site)

50-minute sessions delivered live by video (online) or in person (on-site in the greater Montréal area). Available as 3-, 6-, or 12-month contracts at 1×, 2×, or 3× per week, or as individual drop-in sessions. Pricing per plan is shown at koach.ca/pricing/ at the time of purchase.

1.3 Semi-Private Training (2 clients, 55-minute sessions)

Same contract structures as Individual Live Training, with two clients per session sharing the coach's attention. Per-person pricing shown at koach.ca/pricing/.

1.4 Drop-in Sessions

Single sessions without a contract commitment. Available in 50-minute or 30-minute Express format, online or on-site.

We may add, modify, or retire services over time. Changes to pricing for new purchases will be reflected on the pricing page. Existing contracts are honored at the price you signed up for.

2. Eligibility and account registration

2.1 Age requirement

You must be at least 18 years of age to create an account or use our services. When you register, you warrant that you are 18 or older. We rely on this warranty.

If you are under 18 and interested in training, a parent or legal guardian may contact us at hello@koach.ca to discuss whether a custom, supervised arrangement is feasible. We do not currently offer a self-service registration path for minors.

2.2 Accurate information

When you create an account, you agree to provide accurate, current, and complete information about yourself, and to keep that information updated. Providing false information — including a false date of birth — is a breach of these Terms and may result in immediate account termination.

2.3 One account per person

Each person may maintain one account. You may not share your account credentials with anyone else, including family members. If you suspect someone else has accessed your account, email hello@koach.ca immediately.

2.4 Medical clearance

Before beginning any training program, you complete a PAR-Q+ (Physical Activity Readiness Questionnaire) and a Health and Lifestyle Questionnaire (HLQ). If your responses indicate a health condition requiring medical clearance, you must obtain written clearance from a physician before your program can begin. See our Health Disclaimer at koach.ca/health-disclaimer/ and our Waiver of Liability at koach.ca/waiver/ for complete detail.

3. Payment terms

3.1 Currency and processor

All prices are in Canadian dollars (CAD). Payment is processed by Stripe, a secure third-party payment processor. Your card details are collected directly by Stripe and are never stored on our servers. We only retain a secure payment token, your billing name and address, and transaction history.

3.2 Taxes

Prices shown on the site include or exclude applicable Canadian federal (GST) and Quebec provincial (QST) sales taxes as indicated at checkout. If we are required to begin collecting GST/QST during the lifetime of your subscription, any added taxes will be applied to future billing periods, not retroactively.

3.3 Subscription billing

Solo plans (3-Month, 6-Month) and Live Training contracts (3-, 6-, 12-month) are billed as monthly installments via Stripe. Your card is charged automatically each month on the same calendar day as your initial purchase, for the duration of your contract.

Month-to-Month Solo is billed monthly and renews automatically until you cancel.

3.4 Auto-renewal notifications

For any subscription that renews automatically, we will send you a reminder email between 30 and 60 days before each renewal or end-of-term date, as required by Quebec Consumer Protection Act section 214.6.1. The reminder will tell you the renewal date, the amount, and how to cancel if you no longer want the service.

3.5 Failed payments

If a payment fails (expired card, insufficient funds, fraud block), Stripe will automatically retry over the following 7 days. During this period your access to the platform may be restricted. If payment cannot be collected after retries, we will contact you by email, and if still unresolved, we may suspend your account. Payment-failure retry logic follows Stripe Smart Retries standard behaviour.

4. Cancellation, refunds, and termination

This section is structured carefully to comply with the Quebec Consumer Protection Act (CPA), which gives Quebec consumers stronger protections than most other Canadian jurisdictions. Nothing in this section limits any right you have under the CPA.

4.1 Cancelling a Koach Solo Month-to-Month plan

You may cancel at any time from your account dashboard. Your current billing month is not refunded — you retain access until the end of that month. No future charges occur after cancellation.

4.2 Cancelling a Solo 3-Month, 6-Month, or Live Training contract mid-term

You may cancel at any time from your account dashboard, consistent with CPA section 214.1 which guarantees consumers the right to cancel a distance contract for services at any time.

When you cancel mid-term:

You stop being billed for any future monthly installments beginning the month after cancellation.
You receive a pro-rata refund on sessions or coaching months already paid for but not yet used. Solo plans: refund calculated on whole unused months. Live Training contracts: refund calculated on the monetary value of unused sessions, valued at the drop-in rate for sessions already attended (CPA-compliant unbundling).
A statutory termination indemnity of the lesser of $50 or 10% of the price of services not yet rendered may apply, consistent with CPA section 214.1. We do not charge more than this statutory cap.
If you have completed more sessions than your pro-rata would suggest (i.e. you cancel in month 5 of a 6-month contract after front-loading sessions), you have consumed the service and no refund is owed for that period. You simply stop future billing.

4.3 Cancelling a booked session

More than 24 hours before the session start time: no charge. Reschedule or cancel freely from your dashboard.
Less than 24 hours before the session start time (late cancellation): the session counts as used. No refund. No make-up session.
No-show (failure to attend without cancelling): the session counts as used. No refund. No make-up session.

This policy exists because your koach reserves the session time specifically for you, and the opportunity to serve another client at that slot cannot be recovered on short notice.

4.4 Cancelling a drop-in session

More than 24 hours before the session start time: full refund, processed within 5 business days.
Less than 24 hours before the session start time: non-refundable.

4.5 Termination by koach

We may suspend or terminate your account if you materially breach these Terms — including falsifying age, sharing your account, harassing your koach or our staff, refusing to sign the required Waiver of Liability, or failing to pay. If we terminate your account for your breach, no refund is owed for services already rendered, but we will refund any unused pre-paid balance (minus the CPA statutory indemnity from 4.2 where applicable).

If we terminate your account for reasons other than your breach (for example, we discontinue a service or close the business), we refund the full unused portion of your pre-paid balance with no indemnity.

4.6 Refund processing

Refunds are issued to the original payment method via Stripe. Allow 5 to 10 business days for the refund to appear on your statement.

5. Session booking, rescheduling, and conduct during sessions

5.1 Booking

Sessions are booked through the Amelia booking tool on the member dashboard. Session availability is subject to your koach's published schedule.

5.2 Rescheduling

You may reschedule a session up to 24 hours before the scheduled start time at no charge. Inside the 24-hour window, see Section 4.3.

5.3 Conduct during sessions

We expect respectful, professional communication during all sessions (live video, on-site, and asynchronous messaging). Harassment, abuse, discrimination, or threats toward your koach or our staff will result in immediate account termination without refund of any session already rendered, consistent with Section 4.5.

5.4 Recording

You may not record a live session (audio or video) without your koach's explicit prior consent. We do not record sessions by default. If we need to record for a training or quality-assurance purpose, we will tell you in advance and obtain your consent.

6. Your responsibilities

By using koach.ca, you agree to:

Complete the PAR-Q+ truthfully and obtain medical clearance where flagged
Sign the Waiver of Liability before your program begins
Follow safe exercise practices and stop any exercise that causes pain, dizziness, or distress
Inform your koach of injuries, health changes, or medication changes that could affect your training
Use your own equipment safely and in a space with appropriate clearance
Provide truthful check-in responses
Respect the intellectual property limitations in Section 7

7. Intellectual property

7.1 What we own

koach.ca — including the platform, the member dashboard, exercise library content, coaching brief text, video-demonstration catalogue, training program templates, assessment methodology, and all site design — is our intellectual property or is licensed to us. We grant you a limited, personal, non-transferable, non-commercial licence to use it for your own training during your active subscription or contract period.

You may not:

Copy, redistribute, or republish program content, exercise briefs, or video demonstrations
Use our content to train or coach other people commercially
Reverse-engineer or extract any portion of the platform
Use our trademarks (including the "koach" name and logo) without written permission

7.2 What you own

You retain full ownership of any information, content, or media you upload to the platform (progress photos, form-check videos, messages, check-in responses). You grant us a limited licence to store, process, and use this content solely for the purpose of providing coaching services to you and for the retention periods stated in our Privacy Policy.

We do not use your content to train artificial intelligence models. We do not publish your content anywhere. We do not sell your content.

7.3 Testimonials

If you voluntarily provide a testimonial (written or video), we may publish it on our website or marketing materials with your written consent. You may withdraw consent at any time, and we will remove the testimonial from active surfaces within 30 days.

8. Limitation of liability

8.1 What we are responsible for

We take our coaching responsibilities seriously. We operate under the Personal Training Specialist certification framework of canfitpro, Canada's largest fitness-industry certifying organization. Our coaches apply current industry standards for assessment, programming, and safety.

8.2 What we cannot limit

Under Quebec Civil Code article 1474, no contract — including these Terms — can limit our liability for:

Bodily injury or moral injury caused to you by our fault
Intentional fault or gross fault by us

Nothing in this Agreement reduces your rights in these areas. If you believe you have been harmed through our fault, nothing below prevents you from pursuing a claim.

8.3 What we do limit (lawfully)

Subject to Section 8.2 above, and to the extent permitted by law:

Our liability for ordinary fault causing financial or property loss (not bodily injury) is limited to the total amount you have paid us in the 12 months preceding the event giving rise to the claim
We are not liable for indirect, consequential, or special damages (lost profits, lost data, substitute-service costs)
We are not liable for outcomes that depend on your own effort, adherence, or genetic factors. Exercise and coaching produce variable results; we make no guarantee of specific outcomes (weight loss, strength gain, body composition change)
We are not liable for third-party service disruptions (Stripe outage, Hostinger outage, CDN failures) beyond pro-rata credit for the disruption period

8.4 Inherent exercise risk

Exercise carries inherent risk of injury. By signing the Waiver of Liability at registration, you acknowledge these risks and assume responsibility for them to the fullest extent permitted by Quebec Civil Code article 1474. See the Waiver of Liability for full detail.

9. Dispute resolution and governing law

9.1 Governing law

These Terms and any dispute arising from them are governed by the laws of the Province of Quebec and the applicable federal laws of Canada.

9.2 Quebec courts

Any dispute that cannot be resolved through discussion will be brought before the competent courts of the judicial district of Montréal, Province of Quebec, unless the Quebec Consumer Protection Act or the Quebec Code of Civil Procedure requires otherwise.

9.3 No forced arbitration

Consistent with Quebec Consumer Protection Act, we do not require you to submit consumer disputes to arbitration. You retain the right to bring your claim before a Quebec court.

9.4 Language of proceedings

Consistent with the Charter of the French Language (Bill 96), you may request that any court proceeding be conducted in French. These Terms are published in both English and French on koach.ca. If there is any discrepancy between the versions, the French version prevails, in accordance with Quebec law.

9.5 First — let us try to resolve it

Before filing any claim, please email hello@koach.ca with a description of the issue. We commit to responding within 10 business days and to making a good-faith effort to resolve disputes directly. Most issues can be resolved without third-party involvement.

10. Changes to these Terms

We may update these Terms as our services, technology, or applicable law evolves.

For minor changes (clarifications, corrections, formatting), we update the effective date at the top of these Terms and the version number.
For material changes (price increases beyond the rate you contracted for, new obligations on you, significant service scope changes), we notify you by email at least 30 days before the change takes effect and require your active acceptance before continued access.
You can always see the previous version — we keep versioned copies of these Terms.

Continued use of the platform after a material change's effective date means you accept the change. If you do not agree, you may cancel your subscription or contract per Section 4.

11. Entire agreement and severability

These Terms, together with the Privacy Policy, Cookie Notice, Health Disclaimer, and Waiver of Liability, constitute the entire agreement between you and koach regarding your use of the platform.

If any provision of these Terms is found unenforceable by a Quebec court, the remaining provisions remain in full effect. The unenforceable provision will be interpreted to achieve its original purpose within the limits of the law.

12. Contact

For any question about these Terms:

Email: hello@koach.ca
Business: koach.ca — sole proprietorship of Alec Baltadjian
Jurisdiction: Province of Quebec, Canada

Effective date: pending publication Version: 1.0 — Draft pending lawyer review Last updated: pending publication