Our Leasing Programs

For the purposes of this Agreement, the following terms shall have the meanings set out below unless the context clearly indicates otherwise.

"Agreement" means this Hot Tub Lease Agreement, including all schedules, appendices, acknowledgements, inspection reports, payment authorizations, amendments and any other documents incorporated by reference.

"CanaBound Spa Club", "Lessor", "we", "our", and "us" mean CanaBound Spa Club and its successors and assigns.

"Customer", "Lessee", "you", and "your" mean every individual who signs this Agreement as a Lessee or Co-Lessee.

"Co-Lessee" means any additional individual who signs this Agreement and is jointly and severally responsible for all obligations under this Agreement.

"Equipment" means the leased hot tub together with all components, accessories and equipment supplied with it, including but not limited to:

• Spa shell
• Cabinet
• Pumps
• Heater
• Plumbing
• Control system
• Electrical components
• Cover
• Cover lift
• Steps
• Filters
• Lighting
• Ozonator
• UV sanitation equipment
• Smart/Wi-Fi modules
• Audio equipment
• Accessories
• Replacement parts supplied by CanaBound Spa Club

"Lease Term" means the period beginning on the Commencement Date and ending upon:

• expiration of the Lease;
• lawful termination;
• purchase of the Equipment;
• repossession;
• or any other lawful conclusion of this Agreement.

"Premises" means the property where the Equipment is installed.

"Purchase Option" means the option, if applicable, allowing the Customer to purchase the Equipment upon satisfaction of all conditions contained in this Agreement.

"Residual Value" means the amount payable by the Customer should the Customer elect to purchase the Equipment at the end of the Lease Term.

"Business Day" means any day other than Saturday, Sunday or statutory holidays in the Province where the Equipment is located.

"Default" means any Event of Default described in this Agreement.

"Acts of God" means events beyond the reasonable control of CanaBound Spa Club including, but not limited to:

• floods;
• hurricanes;
• tornadoes;
• earthquakes;
• wildfires;
• lightning;
• hail;
• severe weather;
• ice storms;
• landslides;
• or any other natural disaster.

"Normal Wear and Tear" means the ordinary deterioration of the Equipment resulting from proper residential use.

Normal Wear and Tear specifically excludes:

• cracked acrylic;
• damaged plumbing;
• damaged pumps;
• damaged electrical components;
• stained acrylic;
• chemical burns;
• broken cabinet panels;
• torn covers;
• missing accessories;
• freeze damage;
• unauthorized modifications;
• vandalism;
• abuse;
• negligence.

The headings contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Words importing the singular include the plural and vice versa.

Words importing one gender include all genders.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This Agreement shall be interpreted fairly according to its plain meaning and shall not be interpreted against either party by reason of authorship.

Whenever the words "including" or "includes" are used, they shall be deemed to mean "including without limitation."

CanaBound Spa Club agrees to lease the Equipment described in the Lease Schedule to the Customer for the Lease Term upon the terms and conditions contained in this Agreement.

The Customer acknowledges that this Agreement is a lease only.

Nothing contained in this Agreement shall be interpreted as transferring ownership of the Equipment unless ownership has been transferred in writing by CanaBound Spa Club following full satisfaction of all obligations under this Agreement.

The Customer receives only the temporary right to possess and use the Equipment during the Lease Term.

The Equipment shall remain the sole and exclusive property of CanaBound Spa Club throughout the Lease Term.

The Customer acknowledges and agrees that:

• the Equipment is leased and not sold;
• monthly lease payments do not create ownership or equity;
• the Equipment shall at all times remain the property of CanaBound Spa Club unless ownership has been transferred pursuant to a written Purchase Option Agreement;
• title shall not pass until all lease obligations, purchase option amounts, taxes and any other sums owing have been paid in full.

The Customer shall not:

• sell the Equipment;
• assign the Equipment;
• mortgage the Equipment;
• pledge the Equipment;
• grant a security interest in the Equipment;
• lease or rent the Equipment to another person;
• remove or alter any serial numbers or identification labels;
• represent to any person that the Equipment is owned by the Customer.

Any attempt to do so shall constitute an immediate Event of Default.

Delivery of the Equipment shall be deemed complete upon installation at the Premises.

The Customer acknowledges that the Equipment has been inspected upon delivery.

The Customer agrees to sign CanaBound Spa Club's Delivery Acceptance Form confirming:

• receipt of the Equipment;
• satisfactory installation;
• receipt of all accessories;
• absence of visible defects;
• proper operation of the Equipment;
• acceptance of the Equipment.

Unless CanaBound Spa Club receives written notice of any visible defect within forty-eight (48) hours of delivery, the Equipment shall be deemed accepted in satisfactory condition.

The Customer acknowledges that photographs of the Equipment and the installation site may be taken by CanaBound Spa Club during delivery and installation.

The Customer agrees that such photographs may be retained by CanaBound Spa Club to document:

• the condition of the Equipment;
• the installation;
• the surrounding property;
• available access routes;
• the location of the Equipment.

Such photographs may be used as evidence in connection with future service, warranty claims, inspections, recovery of the Equipment, or legal proceedings relating to this Agreement.

The Equipment shall be installed only at the Premises identified in the Lease Schedule.

The Customer shall ensure that the installation location complies with all applicable municipal bylaws, electrical codes, manufacturer's specifications, and any site preparation requirements communicated by CanaBound Spa Club.

Unless otherwise agreed in writing, the Customer shall be responsible for obtaining all permits, inspections, approvals, and utility connections required for installation and operation of the Equipment.

CanaBound Spa Club shall not be responsible for delays resulting from site conditions, utility availability, permitting requirements, weather, or circumstances beyond its reasonable control.

Throughout the Lease Term, the Customer shall exercise reasonable care in the use, operation, maintenance, and protection of the Equipment.

The Customer agrees to:

• Operate the Equipment only in accordance with the manufacturer's recommendations and all applicable laws, regulations, and safety guidelines.
• Maintain proper water chemistry at all times.
• Maintain the water level necessary for the safe operation of the Equipment.
• Regularly clean and replace filters in accordance with the manufacturer's recommendations.
• Maintain proper sanitation of the Equipment.
• Keep the Equipment clean and free from excessive dirt, debris, snow, ice, or any other condition that may impair its operation.
• Immediately discontinue use of the Equipment if a dangerous condition exists.
• Promptly notify CanaBound Spa Club of any malfunction, damage, leaks, unusual noises, warning messages, or unsafe condition.
• Take all reasonable steps to prevent further damage after discovering a defect.
• Protect the Equipment against freezing, overheating, vandalism, theft, misuse, abuse, neglect, and accidental damage.
• Ensure children use the Equipment only under proper adult supervision.
• Maintain safe access to the Equipment for inspections, servicing, repairs, and recovery where applicable.
• Comply with all obligations contained in this Agreement.

The Customer shall be responsible for all damage resulting from misuse, neglect, abuse, or failure to properly maintain the Equipment.

The Equipment shall remain at the installation address identified in the Lease Schedule unless CanaBound Spa Club provides prior written authorization to relocate it.

The Customer shall not:

• relocate the Equipment;
• transport the Equipment;
• permit another person to relocate the Equipment;
• permanently disconnect the Equipment;
• reinstall the Equipment at another location;

without CanaBound Spa Club's prior written approval.

Where relocation is approved, all costs associated with disconnecting, transporting, craning, reinstalling, electrical work, plumbing, permits, inspections, and related labour shall be the responsibility of the Customer unless otherwise agreed in writing.

Unauthorized relocation constitutes an Event of Default.

The Customer acknowledges that the Equipment remains the sole property of CanaBound Spa Club throughout the Lease Term and that regular maintenance is necessary to preserve its condition, ensure safe operation, and protect CanaBound Spa Club's investment.

The Equipment shall undergo a mandatory annual maintenance inspection once every twelve (12) months during the Lease Term.

Unless otherwise approved in writing by CanaBound Spa Club, all annual maintenance inspections shall be performed by CanaBound Spa Club or its authorized service provider.

The annual maintenance inspection may include, without limitation:

• inspection of pumps, plumbing, unions, and fittings;
• inspection of heaters and control systems;
• inspection of electrical components;
• inspection of the shell and cabinet;
• inspection of the cover and cover lift;
• inspection of circulation systems;
• inspection for leaks;
• verification of proper operation;
• inspection of safety devices;
• inspection of water chemistry practices;
• cleaning or replacement of filters where required;
• recommendations for preventative maintenance.

The Customer shall schedule the inspection within thirty (30) days before or after each anniversary of the installation date.

If the Customer wishes to have the inspection performed by a qualified third-party service provider, prior written approval from CanaBound Spa Club must first be obtained.

Where third-party maintenance has been approved, the Customer shall provide CanaBound Spa Club within fourteen (14) days:

• the complete inspection report;
• a copy of the paid invoice;
• the technician's name and company;
• details of all maintenance completed;
• details of all deficiencies identified;
• details of repairs completed;
• photographs if requested by CanaBound Spa Club.

The Customer shall retain all maintenance records throughout the Lease Term and shall provide copies upon request.

Failure to complete the annual inspection, provide the required documentation, or remedy maintenance deficiencies after written notice may constitute an Event of Default.

Routine maintenance and service requested by the Customer shall be performed at CanaBound Spa Club's published service rates unless otherwise covered by warranty or a maintenance program.

Emergency service requested outside normal business hours may be subject to additional charges.

The Customer shall not authorize any repair, modification, or replacement of Equipment without the prior written approval of CanaBound Spa Club, except where immediate action is reasonably necessary to prevent imminent damage and CanaBound Spa Club cannot reasonably be contacted.

CanaBound Spa Club reserves the right to determine whether repairs shall be completed by CanaBound Spa Club or by an authorized third-party service provider.

Any unauthorized repair, modification, or replacement may void warranty coverage and may become the financial responsibility of the Customer.

Upon reasonable notice and in accordance with applicable law, CanaBound Spa Club may inspect the Equipment during normal business hours to verify:

• its location;
• its condition;
• compliance with this Agreement;
• required maintenance;
• safe operation;
• warranty eligibility.

The Customer agrees to provide safe and reasonable access to the Equipment for all inspections.

Failure to permit a lawful inspection after reasonable notice may constitute an Event of Default.

The Customer acknowledges that the Equipment was delivered and installed with adequate access for servicing and future removal.

The Customer shall not, without the prior written consent of CanaBound Spa Club, construct or permit any structure or improvement that materially restricts access to the Equipment.

Prohibited modifications include, but are not limited to:

• decks or deck extensions;
• gazebos;
• pergolas;
• permanent roofs;
• enclosures;
• retaining walls;
• fences;
• gates;
• outdoor kitchens;
• concrete installations;
• stonework;
• landscaping;
• trees or shrubs restricting access;
• or any other improvement that materially interferes with servicing or recovery of the Equipment.

Approval of any modification by CanaBound Spa Club shall not relieve the Customer of the obligation to maintain reasonable access throughout the Lease Term.

The Customer acknowledges that CanaBound Spa Club shall not be responsible for removing, replacing, repairing, or restoring any deck, landscaping, structure, fence, or other improvement in order to service or recover the Equipment, except to the extent damage results from CanaBound Spa Club's negligence.

Where any modification increases the cost of servicing or recovering the Equipment, the Customer shall be responsible, to the extent permitted by applicable law, for all reasonable additional costs incurred, including:

• crane services;
• additional labour;
• forklifts;
• excavation;
• specialized contractors;
• dismantling of obstructions;
• transportation;
• storage;
• additional travel time;
• and other reasonable recovery-related expenses.

Failure to maintain reasonable access after receiving written notice from CanaBound Spa Club may constitute an Event of Default.

The Customer agrees to pay all lease payments in the amounts and on the dates specified in the Lease Schedule.

All payments shall be made in Canadian Dollars by a payment method approved by CanaBound Spa Club.

The Customer's obligation to make lease payments is absolute and shall not be reduced, withheld, delayed, or set off because of:

• dissatisfaction with the Equipment;
• temporary inability to use the Equipment;
• manufacturer warranty claims;
• service delays beyond the reasonable control of CanaBound Spa Club;
• disputes with third parties; or
• any other claim unless otherwise required by applicable law.

The Customer shall remain responsible for all lease payments until this Agreement has been lawfully terminated or ownership of the Equipment has been transferred in writing.

CanaBound Spa Club may accept payment by:

• Pre-Authorized Debit (PAD);
• Credit Card;
• Electronic Funds Transfer (EFT);
• Certified Cheque;
• Bank Draft;
• or any other payment method approved by CanaBound Spa Club.

CanaBound Spa Club reserves the right to require the Customer to change payment methods where repeated payment failures occur.

Where a security deposit is required, the security deposit shall secure the Customer's performance of all obligations under this Agreement.

CanaBound Spa Club may apply the security deposit toward:

• unpaid lease payments;
• accrued interest;
• administrative fees;
• repair costs;
• cleaning costs;
• recovery costs;
• storage costs;
• transportation costs;
• missing accessories;
• damage beyond normal wear and tear;
• or any other amount owing under this Agreement.

Application of the security deposit shall not limit CanaBound Spa Club's right to recover any remaining balance owing.

Any unused portion of the security deposit shall be returned after:

• the Equipment has been returned;
• the final inspection has been completed;
• all obligations under this Agreement have been satisfied.

All lease payments are due on the date specified in the Lease Schedule.

Any payment not received by its due date shall accrue interest at the rate of two and one-half percent (2.5%) per month, calculated daily using the equivalent daily rate, commencing on the day immediately following the due date and continuing until all outstanding amounts have been paid in full.

Interest shall continue to accrue both before and after judgment to the maximum extent permitted by applicable law.

Acceptance of any late payment or partial payment shall not constitute a waiver of any Event of Default or any other rights available to CanaBound Spa Club under this Agreement.

Unless otherwise required by applicable law, payments received by CanaBound Spa Club shall be applied in the following order:

• Collection costs;
• Legal costs recoverable by law;
• Administrative fees;
• Accrued interest;
• Outstanding lease payments;
• Repair costs;
• Recovery costs;
• Any remaining balance owing.

Any cheque returned for non-sufficient funds (NSF), returned or rejected Pre-Authorized Debit (PAD), declined credit card transaction, chargeback, or any other failed payment shall be subject to an administrative fee of Forty-Five Dollars ($45.00) for each occurrence.

The Customer shall also reimburse CanaBound Spa Club for any bank charges, merchant processing fees, or other reasonable costs incurred as a result of the failed payment.

The assessment of an NSF or failed payment fee does not waive CanaBound Spa Club's right to charge interest on overdue amounts, declare an Event of Default, or exercise any other rights available under this Agreement.

If two (2) or more scheduled payments are returned, declined, or otherwise dishonoured within any twelve (12) month period, CanaBound Spa Club may require all future payments to be made by certified cheque, bank draft, electronic funds transfer, or another payment method approved by CanaBound Spa Club.

The Customer shall be responsible for all applicable federal, provincial, and municipal taxes arising from this Agreement.

If tax rates change during the Lease Term, the Customer shall be responsible for the adjusted amount effective on the date required by law.

CanaBound Spa Club may charge reasonable administrative fees for services including, but not limited to:

• lease transfers;
• payment tracing;
• replacement documentation;
• duplicate invoices;
• account reinstatement;
• address verification;
• account research;
• returned correspondence;
• or other administrative services requested by the Customer.

The applicable administrative fees shall be those in effect at the time the service is provided.

If the Customer defaults under this Agreement, the Customer shall be responsible, to the extent permitted by applicable law, for all reasonable costs incurred by CanaBound Spa Club in enforcing this Agreement or recovering amounts owing.

Such costs may include, without limitation:

• collection agency fees;
• court filing fees;
• legal fees and disbursements where recoverable by law;
• process server fees;
• skip tracing costs;
• repossession expenses;
• transportation costs;
• storage charges;
• inspection fees;
• cleaning costs;
• locksmith services;
• crane or lifting services;
• contractor charges reasonably incurred in recovering the Equipment.

Where the Customer has authorized automatic payments, the Customer agrees to maintain sufficient funds or available credit to permit each scheduled payment to be processed.

The Customer shall immediately notify CanaBound Spa Club of any change to:

• banking information;
• account numbers;
• credit card information;
• expiry dates;
• financial institution.

Cancellation of a Pre-Authorized Debit authorization does not terminate this Agreement or relieve the Customer of the obligation to make payments when due.

Except where prohibited by applicable law, the Customer shall not withhold, reduce, deduct, or set off any lease payment due under this Agreement because of any dispute, claim, warranty issue, service request, or other disagreement with CanaBound Spa Club.

All disputes shall be resolved separately, and the Customer shall continue making payments as they become due.

Each of the following shall constitute an Event of Default under this Agreement:

• Failure to make any lease payment when due.
• Failure to make three (3) consecutive scheduled lease payments.
• Failure to pay accrued interest, fees, or any other amount owing under this Agreement.
• Failure to complete the mandatory annual maintenance inspection.
• Failure to provide required maintenance documentation.
• Failure to remedy maintenance deficiencies after written notice.
• Failure to maintain required insurance.
• Providing false or misleading information during the lease application or at any time during the Lease Term.
• Unauthorized relocation of the Equipment.
• Unauthorized sale, transfer, assignment, pledge, lease, or encumbrance of the Equipment.
• Unauthorized repairs or modifications.
• Intentional damage or destruction of the Equipment.
• Negligent damage to the Equipment.
• Failure to permit a lawful inspection after reasonable notice.
• Failure to maintain reasonable access to the Equipment.
• Concealing the Equipment or preventing CanaBound Spa Club from locating the Equipment.
• Abandoning the Equipment.
• Failure to notify CanaBound Spa Club of a material change affecting this Agreement.
• Any material breach of any provision of this Agreement.

Where an Event of Default occurs, CanaBound Spa Club may provide written notice requiring the Customer to remedy the default.

Unless immediate action is reasonably necessary or otherwise permitted by applicable law, the Customer shall have fifteen (15) days from the date of the written notice to remedy the default.

If the default is corrected within the specified time, CanaBound Spa Club may, at its sole discretion, allow the Agreement to continue.

If the Customer fails to remedy the default within the specified period, CanaBound Spa Club may exercise any rights available under this Agreement or applicable law.

Nothing in this section obligates CanaBound Spa Club to provide an opportunity to remedy a default where immediate action is reasonably necessary to protect the Equipment or CanaBound Spa Club's legal rights.

Failure to make three (3) consecutive scheduled lease payments shall constitute a material Event of Default.

Upon the occurrence of such default, CanaBound Spa Club may, subject to applicable law:

• terminate this Agreement;
• demand immediate payment of all overdue amounts;
• demand the immediate return of the Equipment;
• recover possession of the Equipment through lawful means;
• commence legal proceedings;
• recover reasonable costs of enforcement and recovery; and
• exercise any other remedy available under this Agreement or applicable law.

Acceptance of any payment after three (3) consecutive missed payments shall not reinstate this Agreement unless CanaBound Spa Club expressly agrees in writing.

The Customer acknowledges that the Equipment remains the sole property of CanaBound Spa Club throughout the Lease Term.

Subject to applicable law, CanaBound Spa Club may recover possession of the Equipment upon the occurrence of an Event of Default.

Where required by applicable law, CanaBound Spa Club shall provide any required notices before exercising its right of recovery.

Upon lawful termination of this Agreement, the Customer shall immediately cease using the Equipment and shall cooperate in making the Equipment available for recovery.

The Customer agrees not to conceal, remove, damage, dismantle, relocate, or otherwise interfere with the lawful recovery of the Equipment.

Nothing in this Agreement authorizes CanaBound Spa Club to enter a dwelling or otherwise act contrary to applicable law.

The Customer acknowledges that the Equipment was installed with sufficient access for future servicing and removal.

The Customer agrees not to construct, install, or permit any structure, improvement, landscaping, or obstruction that materially restricts access to the Equipment without the prior written consent of CanaBound Spa Club.

If any obstruction increases the cost of recovering the Equipment, the Customer shall be responsible, to the extent permitted by applicable law, for all reasonable additional costs incurred, including:

• additional labour;
• crane services;
• forklifts;
• excavation;
• contractor services;
• dismantling of obstructions;
• transportation;
• storage;
• other reasonable recovery-related expenses.

CanaBound Spa Club shall not be responsible for repairing or replacing decks, landscaping, fencing, structures, concrete, or other improvements removed or affected to facilitate lawful recovery of the Equipment, except to the extent damage results from CanaBound Spa Club's negligence.

Upon expiration or lawful termination of this Agreement, the Customer shall immediately return the Equipment unless the Purchase Option has been exercised.

If the Customer fails to return the Equipment following lawful demand, CanaBound Spa Club may pursue all remedies available under this Agreement and applicable law.

The Customer shall remain responsible for all amounts owing under this Agreement until the Equipment has been returned or lawfully recovered.

The Customer shall not abandon the Equipment.

If CanaBound Spa Club reasonably believes the Equipment has been abandoned, including where the Premises have been vacated without notice or the Equipment has been left unattended following termination of this Agreement, CanaBound Spa Club may investigate the status of the Equipment and take any lawful steps necessary to protect or recover its property.

Where permitted by applicable law, CanaBound Spa Club may recover abandoned Equipment without further consent from the Customer.

Recovery of abandoned Equipment shall not release the Customer from liability for any outstanding obligations under this Agreement.

The Customer shall return the Equipment in clean condition, ordinary wear and tear excepted.

The Customer shall remain responsible for damage including, but not limited to:

• cracked shell;
• broken plumbing;
• damaged pumps;
• heater damage;
• electrical damage;
• freeze damage;
• chemical staining;
• damaged cabinet panels;
• torn or missing covers;
• broken cover lifts;
• missing steps;
• missing accessories;
• vandalism;
• unauthorized modifications;
• excessive wear beyond normal residential use.

CanaBound Spa Club shall conduct a final inspection of the Equipment upon its return or recovery.

The inspection may include:

• overall condition;
• operation;
• shell;
• cabinet;
• plumbing;
• pumps;
• heater;
• electrical system;
• accessories;
• cover;
• cleanliness;
• maintenance history;
• photographs.

The Customer may be present during the inspection where reasonably practical.

Any deficiencies identified during the inspection shall be documented and may result in repair or replacement charges where the Customer is responsible under this Agreement.

CanaBound Spa Club may photograph the Equipment:

• upon delivery;
• during inspections;
• during servicing;
• upon recovery;
• at the end of the Lease Term.

The Customer acknowledges that such photographs may be retained by CanaBound Spa Club as evidence of the condition of the Equipment, installation conditions, maintenance history, recovery conditions, and any damage identified during the Lease Term.

Repossession, recovery, return, or surrender of the Equipment shall not, by itself, release the Customer from liability for:

• unpaid lease payments;
• accrued interest;
• administrative fees;
• repair costs;
• recovery costs;
• transportation;
• storage;
• inspection fees;
• cleaning charges;
• legal costs recoverable by law;
• or any other amounts owing under this Agreement,

unless CanaBound Spa Club expressly agrees in writing that such obligations have been satisfied or released.

Provided the Customer is not in default and has fully complied with all obligations under this Agreement, the Customer may elect to purchase the Equipment at the end of the Lease Term by paying the Residual Purchase Price specified in the Lease Schedule together with all applicable taxes and any other amounts owing under this Agreement.

The Purchase Option shall only be available where:

• all lease payments have been paid in full;
• no Event of Default exists;
• all maintenance obligations have been satisfied;
• the Equipment has not sustained damage beyond normal wear and tear;
• all other obligations under this Agreement have been fulfilled.

Ownership of the Equipment shall transfer only after CanaBound Spa Club has received all amounts owing in cleared funds and has confirmed the transfer of ownership in writing.

The Customer may request to purchase the Equipment before the expiration of the Lease Term.

Approval of an early buyout shall be entirely at the discretion of CanaBound Spa Club.

If approved, CanaBound Spa Club shall provide the Customer with a written payoff amount which may include:

• remaining lease payments;
• residual value;
• applicable taxes;
• administrative fees;
• accrued interest;
• any outstanding balances.

Until the buyout amount has been paid in full, the Equipment shall remain the sole property of CanaBound Spa Club.

If the Customer sells, transfers, or otherwise disposes of the property where the Equipment is installed, the Customer shall notify CanaBound Spa Club in writing immediately and, in any event, before the transfer of possession of the property.

The sale or transfer of the property does not terminate this Agreement.

The Customer shall not advertise, include, or represent the Equipment as being included in the sale of the property unless CanaBound Spa Club has provided its prior written consent.

Before transferring possession of the property, the Customer shall:

• exercise the Purchase Option;
• obtain CanaBound Spa Club's written approval for a lease transfer;
• or return the Equipment in accordance with this Agreement.

The Customer remains responsible for all obligations under this Agreement until CanaBound Spa Club confirms in writing that the lease has been terminated, assumed by an approved new lessee, or the Equipment has been returned.

The Customer shall not assign, transfer, sell, sublicense, or otherwise dispose of this Agreement or any interest in the Equipment without the prior written consent of CanaBound Spa Club.

CanaBound Spa Club may approve or refuse any proposed lease transfer at its sole discretion.

Approval of a lease transfer may require:

• a completed transfer application;
• credit approval of the proposed new lessee;
• proof of identity;
• inspection of the Equipment;
• payment of all outstanding amounts;
• payment of an administrative transfer fee;
• execution of a lease assumption agreement.

Until CanaBound Spa Club has approved the transfer in writing, the original Customer shall remain fully responsible for all obligations under this Agreement.

The death of a Customer does not automatically terminate this Agreement.

The Customer's estate shall promptly notify CanaBound Spa Club and provide the name and contact information of the executor, estate trustee, liquidator, or other authorized representative.

The Customer's estate shall remain responsible for the Customer's obligations under this Agreement to the extent permitted by applicable law until:

• the Equipment has been returned;
• the Agreement has been lawfully terminated;
• the lease has been assumed by a person approved by CanaBound Spa Club;
• or the Purchase Option has been exercised and all amounts owing have been paid.

Nothing in this Agreement imposes personal liability on a beneficiary, family member, or next of kin solely because of their relationship to the deceased Customer.

Where this Agreement is signed by more than one Customer, each Customer acknowledges that their obligations are joint and several to the fullest extent permitted by applicable law.

CanaBound Spa Club may enforce this Agreement against any one or more of the Customers without first pursuing any other Customer.

The death, incapacity, separation, divorce, relocation, or bankruptcy of one Customer shall not release any remaining Customer from their obligations under this Agreement unless CanaBound Spa Club agrees otherwise in writing.

The Customer shall notify CanaBound Spa Club within ten (10) days of any material change including:

• change of address;
• change of telephone number;
• change of email address;
• change of employment where it materially affects the Customer's ability to perform this Agreement;
• legal name change;
• bankruptcy or insolvency proceedings;
• consumer proposal;
• sale of the property;
• change in occupancy of the property;
• death of a Customer.

Failure to provide updated information may constitute an Event of Default where it materially affects CanaBound Spa Club's ability to administer or enforce this Agreement.

CanaBound Spa Club shall not be liable for delays or failures in performing its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to:

• Acts of God;
• floods;
• fires;
• severe weather;
• pandemics;
• government action;
• labour disputes;
• transportation interruptions;
• utility failures;
• supplier shortages;
• or any other event beyond its reasonable control.

CanaBound Spa Club shall resume performance as soon as reasonably practicable following the end of the event.

The Customer authorizes CanaBound Spa Club to collect, use, store, and disclose personal information for the purposes of:

• administering this Agreement;
• processing payments;
• arranging servicing;
• communicating with the Customer;
• enforcing this Agreement;
• complying with legal obligations;
• preventing fraud;
• recovering Equipment;
• collecting amounts owing.

Personal information shall be handled in accordance with applicable privacy legislation.

Where permitted by applicable law and with any required consent, CanaBound Spa Club may obtain credit information before or during the Lease Term and may report payment history, defaults, or other relevant information to credit reporting agencies or collection agencies.

Any notice required under this Agreement may be delivered by:

• personal delivery;
• registered mail;
• courier;
• email;
• or any electronic communication method previously authorized by the Customer.

Notices shall be deemed received in accordance with applicable law and the method of delivery used.

The Customer is responsible for ensuring that CanaBound Spa Club always has current contact information.

Failure by CanaBound Spa Club to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

Any waiver shall be effective only if made in writing and signed by an authorized representative of CanaBound Spa Club.

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Where possible, any invalid provision shall be interpreted or modified to give effect to its original intent while complying with applicable law.

This Agreement, together with all schedules, acknowledgements, inspection reports, payment authorizations, and written amendments, constitutes the entire agreement between the parties.

No verbal statement, promise, advertisement, or prior discussion shall modify this Agreement unless confirmed in writing and signed by CanaBound Spa Club and the Customer.

This Agreement shall be governed by and interpreted in accordance with the laws of the Province in which the Equipment is installed and the applicable federal laws of Canada.

Where mandatory consumer protection legislation applies, nothing in this Agreement shall limit or exclude rights or remedies that cannot legally be waived.

The parties agree that this Agreement may be executed electronically.

Electronic signatures shall have the same legal force and effect as original handwritten signatures to the fullest extent permitted by applicable law.

The following provisions shall survive the expiration or termination of this Agreement:

• payment obligations accrued before termination;
• ownership rights;
• indemnification;
• recovery costs;
• limitation of liability;
• privacy obligations;
• dispute resolution obligations, where applicable;
• and any provision which by its nature is intended to survive termination.