Version of October 28, 2026

Terms of Participation, Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY CHECKING THE ACCEPTANCE BOX ON THE APPLICATION FORM OR IN YOUR PRIVATE APPLICATION, OR BY PRESSING ACCEPT WHEN WE SHOW YOU A NEW VERSION, YOU AGREE TO BE LEGALLY BOUND BY IT. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CLAIMS, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, AND AN AGREEMENT TO INDEMNIFY THEM. IT LIMITS YOUR RIGHT TO SUE AND TO RECOVER COMPENSATION FOLLOWING AN ACCIDENT, INJURY, LOSS OR INCIDENT.

This Agreement is between you and First Move Club (Calgary, Alberta).

1. Definitions

In this Agreement:

1. “Club”, “we” and “us” mean First Move Club, the operator identified above, and their owners, operators, directors, officers, employees, contractors, hosts, volunteers, agents, representatives, successors and assigns.
2. “Released Parties” means the Club, together with the owners, operators and managers of any venue, facility, premises, route or pathway used for an Event, and each of their respective directors, officers, employees, contractors, volunteers, agents, representatives, successors and assigns.
3. “Participant” and “you” mean any person who applies to, registers for, is invited to, attends or participates in any Event or other Club activity.
4. “Member” means a Participant whose application has been approved by the Club and whose account remains open.
5. “Event” means any activity, session, gathering or function organised, hosted, promoted or facilitated by the Club, including any instruction, warm-up, rotation, social or cool-down period, and any time spent at, arriving at, waiting at or leaving any venue.
6. “Strike” means the record the Club makes under section 11.3 when a paid place is cancelled late or not used.
7. “Off-Event Interaction” means any contact, communication, meeting, date, relationship or other interaction between you and any other Participant or person introduced to you directly or indirectly through the Club, that takes place outside the scheduled time and place of an Event, whether arranged before, during or after an Event, and whether or not the Club facilitated any introduction or the exchange of contact details.

2. Nature of the service

2.1 The Club organises in-person recreational and social activities for adults. The Club is not a matchmaking agency, dating agency, marriage bureau, counselling service, security provider or guarantor of any outcome, and does not hold itself out as such.

2.2 The Club makes no representation, warranty or guarantee of any kind that any application will be approved, that any place will be offered, or as to the compatibility, attraction, intentions, honesty, conduct or character of any Participant, or that any introduction, relationship or other outcome will result from participation. Approvals and places are given in the Club’s sole and absolute discretion, without obligation to provide reasons.

3. No background checks or screening

3.1 THE CLUB DOES NOT CONDUCT CRIMINAL RECORD CHECKS, BACKGROUND CHECKS, IDENTITY VERIFICATION (BEYOND THE DOOR CHECK DESCRIBED IN SECTION 3.4), SEX OFFENDER REGISTRY SEARCHES, REFERENCE CHECKS, OR MEDICAL, PSYCHOLOGICAL OR OTHER ASSESSMENTS OF ANY PARTICIPANT, AND DOES NOT SCREEN PARTICIPANTS FOR SAFETY.

3.2 Apart from the door check in section 3.4, the only review the Club performs is a limited, discretionary review of activity history that Participants report or supply themselves, including any public fitness profile, club, gym or event they choose to name. That review exists solely to consider whether a person takes part in regular physical activity. It is not, and must not be relied upon as, an assessment or confirmation of any person’s identity, age, character, honesty, relationship status, intentions, criminal history, mental or physical health, fitness, skill or safety. A referral by a Member (section 13) is likewise not a check of any kind.

3.3 Apart from the door check in section 3.4, the Club does not verify, and accepts no responsibility for the accuracy of, any information provided by any Participant, including name, age, relationship status, activity history or intentions. You are solely responsible for your own interactions with other Participants and for taking reasonable precautions for your own safety.

3.4 The only identity step is a glance at government photo ID at the door to confirm first name and age; nothing is copied or stored. The host may also compare the person arriving with the photo provided with their application. Together these confirm only that the person arriving matches the first name, age and photo given in their application, and are not a background check or safety screening of any kind. If the ID shown does not match the application, section 11.5 applies.

4. Assumption of risk

4.1 You acknowledge and understand that Events involve physical activity, including racquet sports, running, walking, climbing, bouldering and fitness training, and social interaction with persons previously unknown to you, and that participation involves inherent and other risks, dangers and hazards, which may result in serious injury, illness, death and loss of or damage to property, including but not limited to:

1. slips, trips and falls, including falls from height, and collisions with other persons, equipment, walls, nets, holds or surfaces;
2. being struck by balls, racquets, paddles or other equipment, improper or absent spotting, and holds that break, loosen or turn;
3. overexertion, dehydration, heat- or cold-related illness, cardiac and respiratory events, and the aggravation of pre-existing medical conditions;
4. sprains, strains, fractures, dislocations, concussion, spinal injury, paralysis and death;
5. weather, terrain, pathway, traffic and environmental conditions, including ice, snow, darkness, water and wildlife;
6. the acts, omissions, conduct or misrepresentations of other Participants or third parties, including harassment, assault, theft, fraud and other misconduct;
7. the consumption of food or beverages, including allergens and, in any Off-Event Interaction, alcohol, and the loss, theft of or damage to personal property;
8. NEGLIGENCE ON THE PART OF THE RELEASED PARTIES, INCLUDING THE FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS DESCRIBED ABOVE.

4.2 YOU FREELY AND VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS, DANGERS AND HAZARDS DESCRIBED ABOVE, WHETHER KNOWN OR UNKNOWN, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING FROM THEM.

5. Off-event interactions are entirely at your own risk

5.1 ANY OFF-EVENT INTERACTION IS UNDERTAKEN SOLELY AND ENTIRELY AT YOUR OWN RISK. THE CLUB DOES NOT ARRANGE, SUPERVISE, MONITOR, ATTEND OR CONTROL ANY OFF-EVENT INTERACTION AND OWES YOU NO DUTY OF CARE IN RESPECT OF IT.

5.2 After a Night, each checked-in Participant may privately pick up to two other attendees they would like to see again, or none, until picks close 48 hours after the Night ends. While picking, each Participant sees the first name, roster reference and photo of the attendees from that Night they could be introduced to, and those attendees see theirs; those photos stay viewable to them until matches stop showing, 30 days after picks close. When picks close, the Club tells both people in each pair who picked each other at the same time, by emailing each of them the other's first name and email address. Nobody else is told anything, including whether or by whom they were picked. The sharing of contact details following such a mutual pick does not create any duty, endorsement, representation or warranty by the Club regarding any other person, and the Club shall have no liability whatsoever for any consequence of it.

5.3 The Club may from time to time offer general safety suggestions, such as those in its safety guide: meeting in public places, arranging your own transport and telling someone you trust where you will be. Any such suggestions are offered as general information only and do not create any duty, obligation or undertaking on the part of the Club.

6. Your representations, health and emergency treatment

6.1 You represent and warrant that:

1. you are at least 18 years of age and single;
2. all information you provide to the Club is true, accurate and complete, and any photo you provide is a recent photo of you alone;
3. you are in good health, physically fit and have no medical condition that would prevent your safe participation, and that you have consulted a physician where you have any doubt;
4. you will participate only within the limits of your own ability, will follow all instructions of hosts and venue staff, and will stop participating immediately if you feel unwell or unsafe.

6.2 You authorise the Club to arrange or obtain emergency medical treatment for you where the Club, in its sole discretion, considers it necessary, at your sole expense. The Club shall have no liability for any decision taken, or not taken, in that regard.

7. Release of liability and waiver of claims

In consideration of the Club reviewing your application and permitting you to be considered for, invited to and to participate in Events, you hereby agree as follows:

7.1 TO WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASED PARTIES, AND TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, THAT YOU OR YOUR NEXT OF KIN MAY SUFFER AS A RESULT OF YOUR APPLICATION TO, PARTICIPATION IN OR ATTENDANCE AT ANY EVENT, OR ANY OFF-EVENT INTERACTION, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT (ALBERTA) OR ANY SIMILAR LEGISLATION, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASED PARTIES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS DESCRIBED IN THIS AGREEMENT;

7.2 NOT TO SUE OR COMMENCE ANY PROCEEDING AGAINST ANY OF THE RELEASED PARTIES FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, ARISING FROM ANY OF THE MATTERS DESCRIBED IN SECTION 7.1; AND

7.3 That this release, waiver and covenant not to sue is binding upon you and your heirs, next of kin, executors, administrators, successors and assigns, and is intended to be as broad and inclusive as is permitted by the laws of the jurisdiction in which the Event is held.

7.4 Nothing in this Agreement excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded under the law of the place where an Event is held.

8. Indemnity

8.1 You agree to indemnify, defend and hold harmless each of the Released Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses, including legal fees on a solicitor-and-own-client basis, including any claim brought by another Participant or any third party, to the extent arising out of:

1. your breach of this Agreement or of the code of conduct;
2. any untrue information you provide to the Club; or
3. your own negligent or wilful acts or omissions, including in any Off-Event Interaction.

8.2 This indemnity does not extend to any claim, loss or liability to the extent it results from a Released Party’s own negligence or wilful misconduct.

9. Limitation of liability

9.1 To the maximum extent permitted by applicable law, if, notwithstanding this Agreement, any Released Party is found liable to you for any reason, the total aggregate liability of the Released Parties shall not exceed the amount you paid to the Club for the Event giving rise to the claim, or one hundred Canadian dollars (CAD $100) where no amount was paid.

9.2 In no event shall any Released Party be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any damages for emotional distress, mental anguish, loss of enjoyment, loss of opportunity or loss of income, however caused.

10. Conduct, refusal, removal and photography

10.1 The code of conduct forms part of this Agreement. The Club may, in its sole and absolute discretion and without liability or, except as section 11 provides, obligation to refund, refuse, cancel or revoke any application, invitation or registration, or remove any Participant from any Event, at any time and for any reason or no reason.

10.2 Personal property brought to any Event is brought entirely at your own risk. The Released Parties are not responsible for its loss, theft or damage.

10.3 Photography. At check-in the host asks whether you are happy to appear in photographs that evening and records your answer, yes or no, with your attendance. You take part fully either way, and you can change your answer during the Event by telling the host. That answer covers the taking of photographs only. The Club does not publish, post or otherwise use any image in which you are recognisable, on this website, on social media or anywhere else, without a second, separate consent from you that identifies the specific image and the use; you may withdraw that consent for future use at any time by emailing info@firstmoveclub.com. The privacy notice describes how both consents are recorded.

11. Payment, cancellations, no-shows and refunds

11.1 Fees and holds. Each Event has a fee, stated in your registration email and on your dashboard. A place is held for you for a limited time, normally 72 hours (less when the Event is close), and is confirmed only when the fee is paid by the method and deadline stated: the payment link in your email, or an Interac e-Transfer to info@firstmoveclub.com quoting the reference we give you. The place is confirmed when the payment is recorded: automatically when our payment processor, Stripe, confirms a card payment made through your personal payment link, and otherwise when the host records it. For any other payment, your dashboard lets you tell us that you have paid. A place that is not paid for by its deadline lapses without charge and may be offered to someone else. All times in this section are Calgary time.

11.2 Free cancellation. You may cancel a paid place free of charge, from your dashboard or by emailing info@firstmoveclub.com, until 48 hours before the Event’s scheduled start time. We refund the full fee to the person who paid it, normally within two days.

11.3 Late cancellation and no-shows. If you cancel a paid place inside 48 hours of the scheduled start time, or do not check in at an Event you have paid for, then: (a) the fee is forfeited, subject only to section 11.4; (b) you may not register for, or be offered a place at, any Event for 30 days; and (c) it counts as a Strike.

11.4 Refund when your place is refilled. If the place you forfeited is taken and paid for by another Member before the Event starts, we refund the fee less a CAD $10 administration fee to the person who paid it, normally within two days, and email you to say so. The pause and the Strike in section 11.3 still apply.

11.5 Identity at the door. If the photo ID shown at the door does not match the first name and age in your application, the place cannot be used and the fee is forfeited. That forfeiture is not a Strike and does not pause your registration, although the Club may act under sections 10.1 and 12.3 where it indicates that an account was shared or that information given to the Club was untrue.

11.6 Strikes expire. Strikes are counted across all Events, but each Strike stops counting 12 months (365 days) after the Event it relates to. A Strike the Club has waived under section 11.12 never counts.

11.7 Three strikes. When you have 3 unexpired Strikes your membership ends: your account is closed, any other places and waitlist spots you hold are released, and we may decline any future application from you. A fee already paid for a later Event that you can no longer attend is refunded.

11.8 Disputes. You may dispute a Strike or a forfeiture by writing to info@firstmoveclub.com within 7 days of the cancellation, the Event or the door check it relates to, saying what happened. Your dispute is read by the Club's founder, who replies in writing; once the Club has a second host, it is read by someone other than the host of that Event.Where a dispute is upheld, the Strike is waived, any pause is lifted and any membership that ended because of it is restored; where a forfeiture is overturned, the fee is refunded to the person who paid it.

11.9 Waitlists. When an Event, or your pool within it, is full you may join its waitlist. Rooms are balanced by design, so a place is offered to the next person on the waitlist for the pool in which it opened. That person has up to 24 hours to confirm the place by paying for it (less when the Event is close; the email says exactly when); otherwise it passes to the next person. Joining or leaving a waitlist is free and is not a cancellation under section 11.3.

11.10 Places are personal. You may not give, sell, exchange or otherwise transfer your place, your invitation or your account to anyone else. Only the person who paid a fee receives any refund of it.

11.11 If we cancel or change an Event. If the Club cancels an Event we refund your fee in full. If the Club changes the date, time or venue of an Event, your paid place carries over; if the new arrangement does not work for you, tell us and we release your place and refund your fee in full, or cancel it yourself within 7 days of the change (or before the Event, if that is sooner) and the refund is the same, whatever section 11.3 would otherwise say. A cancellation or change by the Club is never a Strike and never pauses your registration. The refund is the full extent of the Club’s liability for the cancellation or change; travel, accommodation and other costs are not reimbursed.

11.12 Discretion. The Club may, in its sole discretion, waive a forfeiture, pause or Strike, for example in the case of documented illness or emergency, and tells you when it does. A waiver on one occasion does not oblige the Club to grant another.

12. Member accounts

12.1 If your application is approved we create an account for you. You choose your password through a one-time link that we email to you; the link works once and expires after 7 days, and you can ask for a fresh one from the login page. At your request we may also email you a one-time sign-in link in place of your password. You must keep your password and any sign-in link confidential, must not share your account or let anyone else use it, and must tell us promptly at info@firstmoveclub.com if you believe someone else has used it. You are responsible for all activity under your account until you do.

12.2 One account per person. You must use your own name and your own email address, must not create or hold an account for anyone else, and must keep the information in your account accurate and current, including anything that affects your representations in section 6.1.

12.3 The Club may suspend or close an account at any time where it reasonably believes that this Agreement, the code of conduct or the law has been breached; where section 11.7 applies; where the account has been shared or compromised; or where it has not been used for twelve months, as the privacy notice describes. Closing an account does not affect the records the Club keeps under section 14.5.

12.4 You may log out of all devices by changing your password, and you may delete your records at any time as described in the privacy notice; once a password is set we ask for it before deleting. Deleting your records ends your membership.

12.5 Each Member receives a sequential member number when their application is approved. It appears on your dashboard and in our records of your participation. It is an identifier only and carries no priority, entitlement or other right.

13. Referrals

13.1 A Member may vouch for up to 3 people in any 90-day period by sharing their personal referral link or code. Applications made with a current Member’s referral are reviewed before other applications, normally within 24 hours of being completed.

13.2 A referral is a recommendation, not a guarantee. Referred applicants are reviewed on the same standard as everyone else and may be placed on the waiting list without reasons being given. No payment, credit or other reward is given or owed for a referral, and none may be requested or accepted from the person referred.

13.3 Vouch only for people you know personally and believe meet the club’s standard. You may not publish, advertise, sell or exchange your referral code or link, or use it to apply on someone else’s behalf.

13.4 When someone applies with your referral, we record the connection. You will see their first name and whether they have been approved or are on the waiting list (or are still under review), we email you when they are approved, and our hosts will see that you referred them. By sharing your link or code with a person you accept this; do not share it with anyone who would not want you to know.

13.5 The Club may limit, suspend or end referrals, generally or for any Member, at any time. Misuse of referrals, including anything described in section 13.3, may result in the loss of referral privileges, the withdrawal of priority from applications you referred, and the suspension or closure of your account under section 12.3.

14. Governing law, severability and acceptance

14.1 This Agreement is governed by and shall be interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta sitting in the City of Calgary.

14.2 If any provision or part of a provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remainder of this Agreement shall continue in full force and effect.

14.3 This Agreement, together with the code of conduct and the privacy notice, constitutes the entire agreement between you and the Club regarding its subject matter. The Club may publish a new version of this Agreement, but a new version applies to you only once you accept it: we will ask when you next sign in and before confirming any place. Until you accept a new version, the version you last accepted continues to apply. Each application records the version you accepted and when, and keeps the earlier versions you accepted.

14.4 Your checking of the acceptance box, or pressing Accept, constitutes your electronic signature and has the same force and effect as a handwritten signature. You acknowledge that you have had a full and fair opportunity to read this Agreement and to obtain independent legal advice before accepting it.

14.5 The Club keeps a record of your acceptance of this Agreement (each version and when you accepted it), together with records of your payment for and attendance at each Event, your member number, your rotation number and your photography answer for the evening, for two years after that Event, including after your application is deleted, so that the terms that applied can be shown if a claim is made. The privacy notice describes how these records are handled.

15. Acknowledgement

BY CHECKING THE ACCEPTANCE BOX, OR PRESSING ACCEPT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY; THAT YOU ARE AWARE THAT BY ACCEPTING IT YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU AND YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE; AND THAT YOU ACCEPT THIS AGREEMENT FREELY AND VOLUNTARILY.

Questions about this Agreement: info@firstmoveclub.com. Disputes under section 11.8 and concerns about a host: info@firstmoveclub.com