Terms and conditions of your membership
Duration. Unless otherwise explicitly written, memberships are firm for the first 12 months. Some 2-3 weeks before the end of their first 12-month period, members are given the option to renew for another 12-month term at the same conditions except the renewal may be terminated anytime with a 1-month notice, at no cost.
Payment terms.; The first and last months are charged upon registration.Afterwards payments are processed monthly, typically on the fifteenth day of each month but the Gym reserved the right to process the monthly payment on any day of the month or at a later date.
The Member agrees to pay the for services according to these terms and conditions herein and authorizes the Gym to charge payments as required on any of its bank cards.The Member undertakes to promptly notify the Gym of any change to his bank card information following expiration, cancellation or other causes, in order to allow the Gym to take payments punctually.Updates may be communicated by phone or email.
Services, access and location.
Subject to the terms and conditions set forth herein, the member shall have access to the Gym and will benefit from the use of its facilities during the regular business hours as defined by the Gym. The Gym will offer its services at its current location or at any other location within reasonable proximity.
Correspondence.
To administer this agreement efficiently the Gym must easily communicate with the Member. To that end the Member authorizes the Gym to communicate with him by telephone or e-mail and agrees to promptly notify the Gym of any change in his/her telephone number or email address.Also, the Member accepts to receive promotional offers from the Gym and PhysioExtra.
Liability.
The Member acknowledges that all activities s/he may perform pursuant to this agreement including, but not limited to, fitness exercises, participation in any of the activities offered by the Gym,the use of any of the Gym’s equipment, services or training areas is entirely at her or his own risk and consequently exempts, waives, relieves, discharges and holds harmless the Gym and its affiliates, officers, directors, employees, agents, volunteers and any other person who is acting under the responsibility of the Gym (together the “Sponsors”) while acting in theirofficial capacity, from any and all claims, demands, actions or, causes of action, including fault or negligence.
Integrity and severability. The agreement is composed of the online registration form if applicable, the front and backside of the membership contract in electronic or hardcopy form and shall constitute all of the agreement concluded by the parties with all the matters stipulated in the agreement, and shall supersede any previous consultation, representation, and agreement about the matters which have been stipulated in the agreement, whether in oral or in written. In case any provision of this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Language. By contracting in English the Parties recognized having requested and accepted that the membership agreement be written in the English language.En concluant une entente en langue anglaise les parties reconnaissent avoir demandé et accepté que ladite entente soit rédigée en anglais.
Permits. The Gym operates under a license from the “Office de Protection du Consommateur”, #304202
GST and PST taxes are applied to all prices under the following tax numbers:
GST #778221093RT0001
PST #1223663865TQ0001
Rules and regulations. The Member hereby undertakes to abide by the rules and procedures of the Gym described herein. The Member understands and agrees that breach of these regulations and procedures may result in sanctions ranging from temporary suspension to cancellation of his subscription. It is understood that the membership card remains the property of the Gym and that neither this card nor any rights or privileges arising from this agreement, are transferable to any person and in any manner whatsoever.
Temporary pause. The Gym may grant to the Member a pause of his/her subscription for medical or professional reasons on presentation of supporting documents. No pause for less than one month or more than three months shall be granted and the total duration of all pauses may not exceed six months. Notwithstanding if a subscription is paused, the payment schedule remains unchanged.
Privacy. Personal information that you provide to the Gym and that are collected during the provision of services is kept in your client records. Only authorized Gym employees may to view your file. The same applies to agents and subcontractors of the Gym. All records are kept at the Gym and/or its administrative offices. You have the right to consult your personal information, have wrongful information rectified or have obsolete information deleted from your file. For any such request please email or write to the Gym. In order to assist the Gym in keeping accurate and complete records, you must inform the Gym in a timely fashion of any changes to the information you provided.
Short Term Cancellation. This clause is required under the Consumer Protection Act.The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form below or another notice in writing for that purpose to the merchant. If the merchant has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1 /10 of the duration prescribed in this contract by sending the said form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract. The contract is cancelled, without further formality, upon the sending of the form or notice. Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the money he owes him. It is in the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
Cancellation form (Consumer Protection Act, Art. 199)
Name of Studio:_____________________________________
Address of Studio:_____________________________________
Date of Notice:_____________________________________
Pursuant to article 204 of the Consumer Protection Act, I, undersigned, cancel mysubscription agreement contracted with the Studio onthe day of_______________________ in Montreal.
Consumer name:_____________________________________
Consumer address:_____________________________________
Consumer phone:_____________________________________
Consumer email:_____________________________________
Justification:_____________________________________
Signature:_____________________________________
Cancellation before term. Per articles 2125 to 2129 of the Quebec Civil Code the Member has the right to terminate this agreement after the Short Term Cancellation period.However the Gym has the right to be indemnified.To that end, parties hereto agree to recognize that it is normal practice in the fitness industry that shorter subscription periods bear a higher monthly fee and that consequently the real damages to the Gym are the difference between the monthly fee of a short term subscription and the 12-month subscription monthly fee.
