Atmosphere Service Membership: Terms & Conditions

1. The Member agrees to engage Atmosphere for the selected Membership.
2. The Member authorizes Atmosphere to retain and automatically charge the payment method specified in Schedule “B” for
monthly or yearly fees. Payment details provided in Schedule “B” will be securely stored and then destroyed once entered into
Atmosphere’s database.
3. This Agreement begins on the Effective Date and lasts for one (1) year (the “Initial Term”). If the Member cancels before the
Initial Term expires, they must pay all remaining monthly fees either in a lump sum or through continued monthly payments,
while retaining Membership benefits.
4. After the Initial Term, the Agreement renews monthly unless terminated per this Agreement (the “Extended Term”).
5. After the Initial Term, the Member may cancel anytime with one (1) month’s notice.
6. The Membership applies only to the property listed in this Agreement. Additional properties require separate agreements and
Memberships.
7. Warranties on parts and labor apply only to Atmosphere-repaired equipment and Atmosphere-purchased parts. The warranty is
void if another party services the equipment, upon Membership cancellation, or if property ownership changes.
8. The Agreement may be transferred to another property owned by the Member with proof of ownership but cannot be assigned
to a new party, with Atmosphere’s written consent.
9. Atmosphere collects and stores Member data, keeping it confidential except as required to provide the Membership or comply
with legal and safety obligations.
10. Atmosphere’s intellectual property, including trademarks and logos, remains its sole property and cannot be used without
written consent.
11. Notices under this Agreement will be sent:
a. To the Member via the email listed in the Personal Information section.
b. To Atmosphere at info@atmosphereplumbing.ca
12. The Member consents to receiving communications from Atmosphere via various methods, including but not limited to email,
Enviro Thermostats, mail, text, fax, and push notifications.
13. Atmosphere and its affiliates are not liable for indirect damages, including lost data, expectation losses, or other consequential
damages. Liability is limited to amounts paid by the Member in the past six months.
14. The above liability limitations do not apply in cases of gross negligence or fraud.
15. The Member shall indemnify and save Atmosphere harmless from any and all liability, losses, suits, claims, demands, costs,
fees, and actions of any kind or nature whatsoever to which Atmosphere may become liable for or suffer:
a. By reason of any breach, violation or non-performance of any covenant, term, or provision of this Agreement by the
Member; or
b. By reason of any act, neglect, default, injury, loss, damage, or death resulting from, occasioned to or suffered by any
person or persons, or to any property, because of such act, neglect or default on the part of the Member, its agents or
representatives, licensees or invitees during the performance of the Membership.

16. In the event Atmosphere shall be made a party to any litigation commenced by or against the Member, the Member shall
indemnify and save Atmosphere harmless against any losses, damages, or claims whatsoever arising therefrom and shall pay all
costs, expenses including reasonable legal fees on a solicitor and their own client full indemnity basis, incurred or paid by
Atmosphere in connection with such litigation. Further, the Member agrees to pay all costs, expenses including reasonable legal
fees on a solicitor and own client full indemnity basis, where reasonably incurred by Atmosphere in enforcing, as a result of the
default or breach by the Member of its covenants and agreements under this Agreement.
17. Atmosphere may change Membership coverage and fees at its discretion, notifying the Member of material changes. Fee
changes do not apply during the Initial Term or for prepaid periods.
18. This Agreement is governed by the laws of Alberta, and disputes will be handled in Alberta courts.
19. If any provision is found unenforceable, the rest of the Agreement remains valid.
20. Atmosphere may assign this Agreement with notice to the Member. It may also assign rights to an affiliate without prior notice.
21. Force Majeure. Neither party is liable for failures due to uncontrollable events, such as natural disasters, strikes, or government
actions.
22. Atmosphere’s failure to enforce its rights does not constitute a waiver of those rights.
23. This Agreement represents the entire agreement between the Parties, superseding all prior discussions and representations.

Updated March 25, 2025