Terms of Use and Service

1.About these terms

These terms are an agreement between you and VO2 Peak ("VO2Peak", "we" or "us"), 787 Lorne Street, Sudbury, Ontario P3C 4R5. They apply when you use this website and when you book or take part in testing, coaching, training, programming or nutrition guidance with us. By using the site or our services, you agree to them. If you book for an athlete under 18, you agree to them for that athlete too.

Our privacy policy and cookie policy explain how we handle personal information. Before your first session, we'll also ask you to complete health screening and sign an informed consent and release form. If those documents and these terms conflict about a session, the signed documents apply.

2.Using this website

You may use this site for personal, non-commercial purposes. Please don't copy or resell its content, interfere with how it works, try to get into parts of it you're not meant to reach, or use it to break the law. We may change, pause or stop any part of the site at any time.

3.Information on this site

The site is for general information. It isn't medical advice and doesn't replace advice from your physician or another health professional. Numbers shown on the site, such as sample test results and the "sample athlete", are examples to show how our process works. They're not promises of your results.

We work to keep the site accurate and current, but prices, schedules and services can change. What we confirm when you book is what applies.

4.Our services

We offer physiological and performance testing, coaching, semi-private and small-group training, program design and nutrition guidance. What's included, how long it takes and what it costs are confirmed when you book. We may change or cancel a session because of equipment problems, staff illness, weather or safety. If we do, we'll offer you a new time or refund what you paid for that session.

5.Health, safety and your responsibilities

Many of our tests ask you to work at or near your maximum effort. That can cause breathlessness, dizziness, nausea, muscle soreness, strains and other injuries and, in rare cases, serious heart problems. To keep you safe:

• You'll complete health screening before testing. Please answer honestly and tell us about any injury, condition, medication or symptom, and anything that changes later.
• We may ask for clearance from your physician before you test or train, and we may decide a test isn't right for you.
• If you have an illness, injury or medical condition that could stop you from taking part, tell us before your session and we'll reschedule for when you're fit to test. If it only comes up on the day or during the test, the test ends. To rebook, we'll need written documentation from a qualified medical professional trained in that area, listing any contraindications and approving you to test.
• You can stop a test or exercise at any time, for any reason. Tell us right away if you feel unwell.
• Our staff may stop a test or session if they think continuing isn't safe.
• If you can't complete a test, you can rebook it for a fee. If a test doesn't give us enough to measure, we'll give you the results the data does support.
• Follow our instructions and use the equipment only as shown.

Our tests measure fitness and performance. They're not medical tests and can't diagnose or rule out any condition. We're not a medical clinic, and nothing we provide replaces care from a health professional.

Our nutrition guidance supports training, performance and general health. It isn't medical nutrition therapy, and we don't treat medical conditions or eating disorders. If you have a condition that affects what you should eat, we'll work alongside your physician or a registered dietitian, or refer you to one.

6.Athletes under 18

A parent or guardian must book, complete screening and sign the consent and release form for an athlete under 18. We may ask a parent or guardian to be present for a first session.

7.Bookings, cancellations and no-shows

Please arrive on time and follow any preparation instructions we send, for example about food, caffeine and training before a test. They affect your results.

• Cancelling or moving a session: email us at info@vo2peak.ca at least 12 hours before it starts.
• Less than 12 hours' notice: the session counts as used, in full.
• No-shows: a missed session also counts as used, in full.
• Ending an ongoing program, such as semi-private training: give us at least two weeks' written notice by email to info@vo2peak.ca.

If you arrive late, we may need to shorten your session so the next athlete starts on time. A session we cancel or move never counts against you.

8.Prices, packages and payment

Prices are in Canadian dollars. HST and any other applicable taxes are added and shown before you pay. Card payments are processed securely by our payment provider, which handles your card details under its own terms.

Semi-private training

Billed every two weeks. Unused sessions carry over, but each session must be used within four weeks of the billing date it came with. Sessions not used by then expire, and there are no refunds for lost or expired sessions.

Group packages

Expire on the end date of the package.

Pass cards

Expire one year after purchase, where the law allows.

All sales are final. We don't give refunds or credits for unused or expired sessions, except where the law gives you that right. For example, under Ontario's consumer protection law:

• If you prepay $50 or more for fitness or training services, you can cancel within 10 days of receiving your written agreement, for any reason, and get a full refund. Tell us in writing. We'll refund you within 15 days.
• If we don't give you a copy of your written agreement, or it's missing information the law requires, you may be able to cancel within one year.
• If we can't provide a service you've paid for, we'll refund you for it.

Nothing in these terms takes away any right you have under the consumer protection laws that apply to you.

9.Your results

We'll give you your results and explain what they mean. How you improve depends on many things, including your effort, sleep, nutrition, health and following your program. We don't guarantee any result, time, score, selection or scholarship.

10.Photos, video and testimonials

We may record video during a session to analyse your technique. We'll only use your name, photo, video, results or words in our marketing if you've given us separate permission, and a parent or guardian gives it for athletes under 18. You can withdraw that permission for future use at any time.

11.Our content and brand

The VO2Peak name and logo, and the text, photos, video, design and reports on this site and in our programs, belong to VO2Peak or the people who licensed them to us. Your programs and reports are for your personal use. Please don't sell them or pass them off as your own.

Other names and logos on this site, including equipment brands, teams, leagues and universities, belong to their owners. We use them only to identify products, people or organizations. Mentioning them doesn't mean they sponsor or endorse VO2Peak.

12.Links and other services

This site links to other websites, and we use outside services for booking and payment. We're not responsible for their content or practices. Their own terms and privacy policies apply when you use them.

13.Limits on our liability

To the extent the law allows, VO2Peak isn't liable for indirect or consequential losses, such as lost income or opportunities, arising from your use of this site or our services. Our total liability for any claim about a service is limited to the amount you paid for that service. Nothing in these terms limits liability that can't be limited by law, or rights you have as a consumer that can't be waived.

14.Changes to these terms

We may update these terms from time to time. The date at the top shows the latest version. Changes don't affect services you've already booked and paid for, unless the law requires them to.

15.Governing law

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. You and VO2Peak agree to the courts of Ontario for any dispute, unless the law where you live gives you the right to bring a claim there.

16.Contact us