Terms of Service

Effective Date: May 1, 2026

Operator: 17475161 Canada Inc., operating as Drive Sports Club

Location: 423 Enfield Road, Burlington, Ontario, L7T 2X5

These Terms of Service (this “Agreement”) govern your access to and use of Drive Sports Club (the “Facility”), operated by 17475161 Canada Inc. (“Drive Sports Club,” “we,” “our,” or “us”). By creating an account, purchasing a membership, or accessing the Facility, you (“Member” or “you”) agree to be bound by this Agreement. Please read it carefully before using our services.

1. Definitions

For the purposes of this Agreement, the following terms have the meanings set out below:

“Facility” means the Drive Sports Club premises located at 423 Enfield Road, Burlington, Ontario, L7T 2X5, including all courts, simulator bays, gaming areas, lounges, work pods, common spaces, and any associated equipment.
“Member” means any individual or corporate entity that has purchased a membership plan and whose account is in good standing.
“Membership Plan” means the tier-based subscription selected by the Member, which grants access to the Facility and associated amenities as described at the time of purchase.
“Booking” means a reservation made by a Member through the Facility’s designated booking platform for a specific time slot, court, or activity.
“Platform” means the third-party booking and access management system (including PodPlay technology) used to facilitate Facility access, scheduling, and account management.
“Corporate Account” means a membership registered under a company or organization name, with one or more designated users authorized to make bookings on behalf of that organization.

2. Eligibility and Account Registration

To purchase a membership or access the Facility, you must be at least 18 years of age.

When creating an account, you agree to:

Provide accurate, current, and complete information.
Keep your account credentials confidential and not share them with any other person.
Notify Drive Sports Club promptly of any unauthorized use of your account.
Accept responsibility for all activity that occurs under your account.

Drive Sports Club reserves the right to refuse, suspend, or terminate any account at its sole discretion, including where information provided is found to be inaccurate or where a Member has violated this Agreement.

3. Membership Plans

3.1 Tiers and Access

Drive Sports Club offers multiple Membership Plan tiers. Each tier grants the Member access to the Facility and specified amenities as described in the plan details provided at the time of purchase. The specific entitlements, booking allowances, and access hours associated with each tier are set out in the applicable plan description, which forms part of this Agreement.

Drive Sports Club reserves the right to modify, add, or discontinue any Membership Plan tier at any time, with reasonable notice to affected Members.

3.2 Booking Inclusions

Bookings are included as part of the monthly membership fee. Members may reserve available time slots, courts, or activity areas through the Platform in accordance with their Membership Plan. Bookings are subject to availability and Facility scheduling policies.

Members are responsible for making bookings in advance through the Platform. Drive Sports Club does not guarantee access to courts, simulator bays, or booking availability, regardless of Membership Plan. All access is subject to availability.

3.3 Corporate Accounts

Corporate Accounts are registered under a company or organization name. The individual who creates the account (the “Account Administrator”) accepts this Agreement on behalf of the organization and is responsible for ensuring that all users who access the Facility under the Corporate Account comply with this Agreement and all Facility rules.

Each individual user accessing the Facility under a Corporate Account must complete the required Participation Waiver and Release of Liability before entering the Facility. The Account Administrator is responsible for ensuring this requirement is met for all authorized users.

4. Fees and Billing

4.1 Monthly Fees

Membership fees are charged on a monthly basis in accordance with the selected Membership Plan. All fees are stated in Canadian dollars and are not inclusive of applicable taxes unless otherwise noted.

4.2 Auto-Renewal

All Membership Plans automatically renew on a monthly basis on the same calendar date as the original purchase (the “Renewal Date”), unless the Member cancels their membership in accordance with Section 5 of this Agreement. By purchasing a membership, you authorize Drive Sports Club to charge your payment method on file for the applicable monthly fee on each Renewal Date without further notice.

4.3 Payment Method

Members must maintain a valid payment method on file through the Platform at all times. If a payment fails, Drive Sports Club may suspend Facility access until payment is successfully processed. Drive Sports Club is not responsible for any fees or charges imposed by your financial institution in connection with membership payments.

4.4 Price Changes

Drive Sports Club reserves the right to change membership fees at any time. Members will be given at least 30 days’ written notice (by email to the address on file) before any price increase takes effect. Continued use of the Facility after the effective date of a price change constitutes acceptance of the new fee.

5. Cancellation and Termination

5.1 Cancellation by Member

Members may cancel their membership at any time by providing written notice through the Platform or by contacting Drive Sports Club directly. Cancellation will take effect at the end of the then-current monthly billing period. No partial refunds will be issued for any unused portion of a billing period following cancellation.

5.2 Termination by Drive Sports Club

Drive Sports Club may terminate or suspend a membership immediately and without refund if a Member:

Violates this Agreement or any Facility rules or policies
Engages in conduct that creates a safety risk to other members, staff, or the Facility
Causes damage to Facility property or equipment
Provides false or misleading information in connection with their account
Fails to pay any amounts due

5.3 Force Majeure and Unexpected Closures

If the Facility is required to close unexpectedly due to circumstances beyond Drive Sports Club’s reasonable control, including but not limited to natural disasters, acts of God, government orders, public health emergencies, fire, flood, or other force majeure events, Drive Sports Club will, at its discretion, extend affected memberships by the number of days the Facility was closed, applied at the end of the then-current membership term. Drive Sports Club will not be liable for any losses, damages, or inconvenience arising from such closures.

6. Facility Access

6.1 Autonomous Operation

The Facility operates as a fully or partially autonomous facility using automated entry and management systems, including PodPlay technology. On-site staff may not be present. Members acknowledge that Drive Sports Club does not provide continuous on-site supervision, medical supervision, or first aid personnel, and that Members are responsible for their own safety while using the Facility.

6.2 Access Credentials

Members will be issued access credentials (such as a PIN, QR code, or app-based access) to enter the Facility. Access credentials are personal and non-transferable. Members must not share their credentials with any person who has not completed the required waiver and is not authorized under their Membership Plan.

Drive Sports Club reserves the right to revoke or suspend access credentials at any time in accordance with this Agreement.

6.3 Hours of Operation

The Facility’s hours of operation are set out on the Platform and may be updated from time to time. Drive Sports Club reserves the right to modify hours of operation with reasonable notice. No credit or refund will be issued for changes to hours that do not result in a complete closure of the Facility.

6.4 Guest Access

Members may bring guests to the Facility only to the extent permitted under their Membership Plan. Each guest must complete the required Participation Waiver and Release of Liability before entering the Facility. If the guest is a minor, a parent or legal guardian must complete the required Minor Participant Waiver and Parental Consent on their behalf. Where applicable, guests must pay a guest access fee prior to use of the Facility.

The Member is solely responsible for ensuring all guests complete the required waiver, pay the guest access fee when applicable, and comply with all Facility rules at all times. Failure to comply may result in suspension or termination of membership without refund.

6.5 Right to Refuse Entry

Drive Sports Club reserves the right to refuse entry or remove any individual from the Facility at its sole discretion.

7. Facility Rules and Member Conduct

All Members and their guests must comply with the Facility rules posted on-site and through the Platform at all times. Without limiting the foregoing, Members agree to:

Use the Facility and all equipment responsibly and only for their intended purposes.
Wear appropriate indoor athletic footwear at all times in active court and simulator areas. Open-toed shoes, sandals, flip-flops, and bare feet are not permitted in these areas.
Not participate in any activity while under the influence of alcohol, drugs, or any substance that impairs judgment, coordination, or physical ability.
Not bring or use illegal drugs, non-prescribed controlled substances, or performance-enhancing drugs or steroids on the Facility premises.
Refrain from horseplay, abusive language, harassment, or any conduct that creates a safety risk or disrupts the experience of other Members.
Not access or display adult, explicit, or otherwise inappropriate content on any Facility equipment, gaming systems, or screens.
Familiarize themselves with the location and operation of fire alarms and emergency exits upon entering the Facility, and use emergency systems only in genuine emergencies.
Report any equipment damage, malfunction, or unsafe condition by contacting Drive Sports Club at the contact information provided in this Agreement.
Members are financially responsible for any damage to the Facility or equipment caused by themselves or their guests, including damage resulting from misuse, negligence, or unauthorized use. Drive Sports Club reserves the right to charge the Member’s payment method on file for repair or replacement costs.

Failure to comply with Facility rules may result in immediate removal from the Facility and suspension or termination of membership without refund.

8. Waivers and Safety

Access to the Facility is conditional upon the completion of Drive Sports Club’s Participation Waiver and Release of Liability. All Members must complete the applicable waiver (adult or minor) before entering the Facility for the first time. A completed waiver remains in effect for the duration of the membership unless superseded by an updated version.

Members are responsible for assessing their own physical fitness prior to participating in any activity at the Facility. Drive Sports Club strongly recommends that Members consult a physician before participating if they have any pre-existing health conditions.

All use of the Facility is at the sole risk of the Member and their guests.

9. Intellectual Property and Platform Use

The Platform and all content, software, and systems used in connection with the Facility are the property of Drive Sports Club or its licensors. Members are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purpose of managing their membership and making bookings. Members may not copy, modify, distribute, or reverse engineer any part of the Platform.

All trademarks, logos, and service marks appearing in connection with Drive Sports Club are the property of 17475161 Canada Inc. or their respective owners. Nothing in this Agreement grants any right to use them without prior written consent.

10. Privacy and Personal Information

Drive Sports Club collects, uses, and stores personal information (including account details, booking history, gameplay data, and video footage) in accordance with its Privacy Policy, which is available at https://www.drivesports.club/privacy-policy and upon request. By creating an account, you consent to the collection and use of your personal information as described in the Privacy Policy.

Drive Sports Club is committed to handling personal information in compliance with applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

The Facility uses video recording systems for security and operational purposes. By entering the Facility, Members consent to the capture of video or images for security, player performance review, and marketing purposes (including social media and digital content), subject to the opt-out right set out in the Participation Waiver.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Drive Sports Club, its owners, officers, directors, employees, contractors, and affiliates shall not be liable to any Member for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the use of the Facility, including but not limited to loss of use, loss of data, or loss of revenue, even if Drive Sports Club has been advised of the possibility of such damages.

Drive Sports Club’s total aggregate liability to any Member for any claim arising out of or related to this Agreement shall not exceed the total membership fees paid by that Member in the three months immediately preceding the event giving rise to the claim.

Nothing in this Agreement limits Drive Sports Club’s liability for death or personal injury caused by gross negligence or willful misconduct, or any other liability that cannot be excluded or limited under applicable Ontario law.

12. Indemnification

Each Member agrees to indemnify, defend, and hold harmless Drive Sports Club, its owners, officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

The Member’s use of the Facility or the Platform
The Member’s violation of this Agreement or any applicable law
Any act or omission of the Member or any guest brought by the Member to the Facility
Any damage to Facility property caused by the Member or their guests

13. Modifications to This Agreement

Drive Sports Club reserves the right to modify this Agreement at any time. Members will be notified of material changes by email to the address on file at least 14 days before the changes take effect. Continued use of the Facility or the Platform after the effective date of any modification constitutes acceptance of the updated Agreement. If a Member does not agree to the modified terms, they may cancel their membership in accordance with Section 5.1.

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario.

Before initiating any legal proceeding, the parties agree to attempt to resolve any dispute informally by contacting Drive Sports Club at the contact information provided in this Agreement. Drive Sports Club will attempt to respond to and resolve the dispute within 30 days of receiving written notice.

15. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

This Agreement, together with the applicable Membership Plan description, the Participation Waiver and Release of Liability, and the Privacy Policy, constitutes the entire agreement between the Member and Drive Sports Club with respect to the use of the Facility and the Platform, and supersedes all prior representations, discussions, or agreements. No modification of this Agreement shall be valid unless made in accordance with Section 13.

17. Contact Information

For questions, concerns, or notices regarding this Agreement, please contact Drive Sports Club at:

Drive Sports Club — 17475161 Canada Inc.

423 Enfield Road, Burlington, Ontario, L7T 2X5

info @drivesports.club