Sooke Health & Fitness Centre Inc
dba Sooke Fitness
6625 Sooke Rd, Sooke, BC, V9Z 0E6
250.642.7111 // info@SookeFitness.com // www.SookeFitness.com
MEMBER INFORMATION
First Name : {First Name} // Last Name: {Last Name} // D.O.B.: {Birth Date}
Address: {Street Address} // City: {City} // Postal Code: {Postal Code}
Email Address: {Email} // Phone #: {Phone}
Emergency Contact: // Source:
MEMBERSHIP DETAILS
MEMBERSHIP TYPE: FLEX Mship - 30days cancellation
MEMBERSHIP START DATE: April 25, 2024
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A. PAYABLE TODAY
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B. PAYMENT STRUCTURE
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Registration Fee $0 plus tax
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For a minimum agreement term of 1 Month
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Prorate 1st Month $ plus tax
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First Payment Date April 25, 2024
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Card Fee $21.4 plus tax
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Total Bi-Weekly $27.5 plus tax for the length of term
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Initial Payment Subtotal $21.4
Initial Payment GST $1.07
Initial Payment Total $22.47
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I agree that the Minimum Term Membership requires me to pay Bi-Weekly Payment dues by automatic debit and renews automatically from month to month until terminated by me in the manner required under this Agreement. I authorize Sooke Fitness to process pre-authorized payments, including Pre-Authorized Debits (PADs), credit card payments, or other means of payment to pay all amounts which may become due under this Agreement. I agree that all of these payments are payable regardless of the number of times I use Sooke Fitness.
RECEIPT AND COPY OF AGREEMENT
I confirm that I signed and received a copy of this Agreement on .
CONSENT TO RECEIVE ELECTRONIC CORRESPONDENCE
I agree and consent to receiving electronic correspondence and newsletter containing information about my membership, updates and promotions from Sooke Fitness at the email provided above. I understand my consent can be withdrawn at any time.
MEMBERS RIGHTS TO CANCEL
This is a contract to which the Business Practices and Consumer Protection Act applies. I may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. I do not need a reason to cancel during this 10 day period. If you cancel this contract Sooke Fitness has 15 days to refund your funds. After the Minimum Term (excluding reasons denoted under below), you may terminate this contract by providing 30 days prior written notice before your next billing date. You must supply notice of cancellation in one of the following forms, in person at Sooke Fitness or via sent registered mail directly to Sooke Fitness and by enclosing therewith your copy of this Agreement.
TANNING SERVICES
Precautions are necessary for safe tanning. I agree that I will comply with all instructions on the use of the tanning system and that I am using these services at my own risk, and that I am protecting my vision by using the goggles that are available.
We and our employees and agents are not liable for any injury to person or property caused in any way by the use of its services or its premises. Also, we are not liable for the loss or theft of any personal property. Each person is responsible for safeguarding his or her own property.
In consideration of the acceptance of the Application and Waiver, I hereby waive and release for myself and my heirs, executors and administrators any claim of any nature whatsoever which I might at any time have against Sooke Fitness or its employees and acknowledge that I will use the services provided at my own risk. I confirm that I have given accurate answers to the above questions, that I will carefully follow all directions given and that I am eighteen (18) years of age or older. I have read the above.
PROTOCOL AND ETIQUETTE
The following information has been compiled to familiarize you with our policies and to ensure each visit is enjoyable for all members. A protocol may change from time to time as standards evolve.
HOURS OF OPERATION: These may vary subject to public response. During regular hours of operation, there could be two levels of capacity attendance of members: minimum capacity and maximum capacity. You may decide at which of these times you will use the services and facilities.
SIGN-IN: All members are required to scan their card upon entering Sooke Fitness upon every visit. Periodically, members will be asked to update information. All membership cards issued to you remain your property at all times.
EXERCISE CLOTHING & HYGIENE: Clean, appropriate, conservative, athletic clothes, and footwear that will not restrict freedom of movement are required for the exercise floor. Athletic shorts, t-shirts, tracksuits, or tights are acceptable. For the purposes for safety, hygiene, and environment, the following are NOT ALLOWED on the exercise floor: street clothes, denim, cut-off shorts, clothing with offensive slogans, sandals, swimsuits, or strong scented sprays/lotions.
LOCKERS: Lockers are for daily use only unless otherwise stated. Personal belongings must be taken home daily; Locks and contents may not be left overnight. Please purchase a lock for your locker. Do not leave any valuables in lockers. For safety reasons, workout bags may not be brought onto the exercise floor. WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES.
CHANGE ROOMS: After showering, dry yourself thoroughly before entering dressing rooms for safety reasons. No glass containers allowed. No shaving on-premises.
EQUIPMENT ORIENTATION & USE: New members are entitled to a supervised equipment orientation session with a scheduled by appointment.
GUEST PRIVILEGES: For the safety and the health of the guest, each guest must register at the front desk during staffed hours and complete a Release. Guests must be 16 yrs or older and can only attend during staffed hours.
PERSONAL CONDUCT: a. I agree to abide by the rules and regulations of membership as determined by Sooke Fitness from time to time, a complete copy of which can be obtained at Sooke Fitness location. b. You agree that while you participate in services and facilities your conduct will be such that it presents no danger to other members or staff, and does not interfere with the quiet enjoyment of the other members or staff, or disrupt the staff in performing their duties.
GENERAL TERMS AND CONDITIONS
1.INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
2.ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire agreement between me and Sooke Fitness. No modification of this Agreement will be effective unless made in writing and signed by each party. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.
3.CO-SIGNER: If the Member is between 16 and 18 years of age at the date this Agreement is signed, a Co-signer is required. As Sooke Fitness would not have agreed to enter into this Agreement without the promises of the Co-signer and in consideration of Sooke Fitness giving credit to the Member at the request of the Co-signer, the Co-signer promises to pay all amounts due to Sooke Fitness under this Agreement when due, and to keep and perform all the Member's promises and agreements. The Co-signer agrees that, with or without notice, the following shall in no way affect any of the promises of the Co-signer or the liability of the Co-signer to Sooke Fitness: (a) any disregard or waiver of a default by the Member; (b) the giving of extra time to the Member to do something that the Member has agreed to do, or to cure a default; or (c) any other dealing between Sooke Fitness and the Member that concerns this Agreement. All the Co-signer promises shall be binding on the Co- signer until all the amounts payable under this Agreement have been fully paid to Sooke Fitness. The Co-signer is a primary debtor to the same extent as if the Co-signer had signed this Agreement as a Member and is not merely a guarantor or a surety. The Co-signer promises and agreements are joint and several with the Member's promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint and several.
4.NON-WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
5.DEFAULT/EARLY TERMINATION BY SOOKE FITNESS: If I default on any payment due under this Agreement, Sooke Fitness may declare all or any of the future payments to be made under this Agreement immediately payable. In addition, if I am in breach of this Agreement, Sooke Fitness will be entitled to suspend or terminate my membership with Sooke Fitness, in its sole discretion.
6.ASSIGNMENT: Sooke Fitness may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Sooke Fitness in this Agreement, then Sooke Fitness will be fully relieved of those obligations upon notice to me of the assignment. I understand that I myself may not assign my membership to another person.
7.FEE ADJUSTMENTS: I agree that the fees paid by me for membership may increase from time to time, including a change in my membership fees after the expiration of the Minimum Membership Term, or at any time during a No Term membership. Furthermore, Sooke Fitness may introduce new facilities or programs that may be available to me for an additional fee.
8.SERVICE CHARGES: I agree to pay a $25.00 service charge for all rejected payments, whether by Pre-Authorized /credit card auto debit system, Visa, MasterCard, cheque or otherwise. Sooke Fitness may re-negotiate any returned item, including service charges via pre- authorized payment system.
9.MEMBERSHIP CARDS & PHOTO: I agree to have my picture taken for Sooke Fitness computer file upon joining. I will pay a $20.00 fee & applicable tax for each replacement membership card required. I must present my membership card on every visit to Sooke Fitness and if lost or stolen, I must purchase another to gain entry into Sooke Fitness.
10. PERSONAL TRAINING AND GROUP TRAINING. The member agrees to: a. To pay all amounts shown in this agreement regardless of whether the member/ client uses all his/her personal training/ group sessions. All payments made towards personal training/ group training are based on the availability of such services and are not based on actual use. All payments made towards personal training/ group training are based on such availability of such services and could result in a possible change of trainer at any time. b. In the event that the member fails to attend a training session as outlined in the above schedule, the member will be charged for the session as if the member had attended, unless the member rescheduled the sessions at least 24 hours in advance. If the trainer cancels without giving 24-hour notice to the client/ member they will receive their next session free of charge. c. All fees for personal training/ group training are immediately earned by Sooke Fitness and are non-refundable, with the exception(s) denoted in section 14.
11.INJURIES: I will immediately report any accident or injury suffered in Sooke Fitness prior to leaving the premises, in writing, to a staff person, and will provide a written report from my doctor within a reasonable time.
12.FACILITY ACCESS: Should Sooke Fitness location become unavailable for your use because of damage caused by fire, an act of God, catastrophe, accident, lease expiry, or for any reason whatsoever, you agree to use another reasonably comparative location not more than 30km from that location. The equipment and classes are subject to demand and are available on a first-come-first-served basis. There may be occasions, especially during peak hours, where you may experience delays in using equipment, or be precluded from attending a class.
13.THIRD PARTY PROMOTIONS: Sooke Fitness may secure promotions and/or deals in products and/or services provided by other third-party businesses and make them available to me by virtue of my membership with Sooke Fitness (“Third Party Promotions”). Sooke Fitness does not guarantee any of the availability of the Third Party Promotions for any period of time, and reserves the right to change, replace, terminate or otherwise revise those Third Party Promotions, at any time, without any notice or compensation to me.
14.MEMBER TERMINATION: I understand that the following terms set out my termination rights:
No Term Membership: In order for the terms and conditions of this agreement to be considered fulfilled, the agreement Anniversary Date must have passed and 30 days’ notice of cancellation must be given. All scheduled payments within this 30 days’ notice period including dues will be billed as scheduled. b. Minimum Membership Term: If I have a Minimum Membership Term, I may terminate this Agreement after the expiration of the minimum membership term with 30 days written notice. In order for the terms and conditions of this agreement to be considered fulfilled, the agreement Anniversary Date must have passed and 30 days notice of cancellation must be given. I acknowledge I am responsible for paying any outstanding balance owing on my agreement to ensure my account is in good standing. If this membership is not terminated after the Anniversary date of the Minimum Membership Term, this membership continues on as No Term Membership. In order to terminate this membership before the Anniversary date of the Minimum Membership Term, 30 days written notice must be provided, and the cancelation fee of $79.00 plus applicable taxes is required to be paid. All scheduled payments within these 30 days notice period including dues will be billed as scheduled. MATERIAL CHANGES: The Business Practices and Consumer Protection Act may permit you to cancel your membership if a material change occurs. In your personal circumstances, or if there is a material change to the service that Sooke Fitness provides you. For this purpose a “material change” includes: a. moving your residence to a location more than 30kms away from Sooke Fitness b. suffering a physical, medical, or mental disability, substantiated in writing by a medical practitioner, that results in continued participation of our services or facility being unreasonable due to the likely risk to your health. Should you discontinue your membership as a result of a material change, any fees owed by you for the services rendered prior to cancellation, such as personal training or tanning sessions, must be paid in full.
15.CHOICE OF LAW: I agree that all disputes arising out of or in connection with this Agreement will be governed by the laws of the Province of British Columbia, without giving effect to any choice of laws principles that would require the application of the laws of a different country, state or province. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.
16.ARBITRATION: All disputes arising out of or in connection with this Agreement (“Claims”) shall be referred to and finally resolved by arbitration under the rules of British Columbia International Commercial Arbitration Centre. The appointing authority shall be by the British Columbia International Commercial Arbitration The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its “Procedures for Cases Under the BCICAC Rules.” The place of Arbitration shall be Surrey, British Columbia. Except where prohibited by applicable law, I will not and further agree to waive any right I may have to commence or participate in any class action against Sooke Fitness related to any Claims, and I will opt out of any class proceedings against Sooke Fitness. The arbitration of my Claims will not be consolidated with any other person’s Claims, unless the parties agree otherwise.
17.PRIVACY: a. Sooke Fitness collects your personal information primarily for the purpose of providing you with the services and / or the facilities contemplated under this Agreement. Sooke Fitness may contact you about your membership account or to conduct market research & surveys in an effort to continually improve our product and service offerings. Sooke Fitness or a third party engaged by Sooke Fitness may conduct personal credit investigations, or report your account information to a reporting bureau, for the purposes of collecting overdue amounts and updating appropriate credit information. b. Sooke Fitness operates video surveillance and internet monitoring of the front door and throughout Sooke Fitness 24hrs a day. This footage can and may be used at the desertion of Sooke Fitness. c. Fire doors, internal office doors, and other doors identified as alarmed if opened will cause the alarm to sound which in turn will cause the police to respond. Any expense incurred by opening such doors could result in you being invoiced for such an expense.
18. RELEASE OF LIABILITY
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY!
You, the Member, are aware that there are risks associated with participating in fitness activities, exercise and tanning. Your participation is completely voluntary, and you freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury, death, property damage or loss to yourself or any other person as a result of your participation in fitness activities or tanning. You and your heirs, next of kin, executors, administrators and assigns agree:
(a) to waive all claims, known or unknown, that you have or may have in the future against Sooke Fitness, including their owners, officers, directors, agents, employees, volunteers, business operators, independent contractors and site property owners or lessees (the “organization”);
(b) that Sooke Fitness is not liable or responsible for any damage to, loss or theft of your property;
(c) to release and forever discharge Sooke Fitness from all liability for any personal injury, death, property damage or loss resulting from your participation in fitness activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake in error of judgment of Sooke Fitness; and
(d) to be liable for and to hold harmless and indemnify Sooke Fitness from all actions, proceedings, claims, damages, costs demands, including court costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with your participation in fitness activities or tanning.
Please consult your physician prior to starting an exercise or fitness program, and prior to using Sooke Fitness.
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Club Representative
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Member Name: {First Name} {Last Name}
Member Signature:
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Co-Signer Signature of Parent or Guardian of Person under the age of 18 years.
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