Member Information

Member Name: {First Name} {Last Name}
Address: {Street Address} {City}, {State / Province}, {Country}, {Postal Code}
Email: {Email}
Phone: {Phone},

Agreement Information

Membership Type: Senior MTM
Agreement Term: 1 Month
Schedule Frequency: Bi-Weekly Payment
Begin Date: May 03, 2024
First Due Date: June 02, 2024
Emergency Contact:

Due Today Payment Information

Admin Fee: 29.99
Prorate Amount:
Additional Fees: 0
Card Fee: 0

Sub-total 29.99
Taxes: 1.5
Total: 31.49

Recurring Payments

Annual Fees

OPEN ENDED MEMBERSHIP OPTION: This membership will continue to bill on a bi-weekly to bi-weekly basis unless a 30 day notice of cancellation is given by either party. 

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the Club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees and disbursements. A default occurs when any payment due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY RECURRING PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying recurring dues by electronic funds transfer (EFT), the Club reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees, subject to appropriate Provincial/Territorial and Federal Law. NOTE: Members paying recurring dues by EFT may be subject to $10.00 per payment increase of recurring dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your recurring membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the Club has the right to increase your recurring membership dues by the amount of such increase. If you have requested the privilege of paying your recurring dues by pre-authorized electronic funds transfer, the recurring amount so transferred will be adjusted to reflect any increase in the sales tax rate. 

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER THE MEMBER ACKNOWLEDGES THAT HE OR SHE IS ALSO SUBJECT TO THE GENERAL TERMS AND CONDITIONS WHICH ARE ATTACHED TO THIS TOP PAGE. THE MEMBER MAY CANCEL THIS CONTRACT BY PROVIDING WRITTEN NOTICE TO THE CLUB WITHIN THE FIRST 10 DAYS OF THE TERM OF THIS CONTRACT, OR IF THERE IS A MATERIAL CHANGE IN THE MEMBER'S CIRCUMSTANCES OR IN THE SERVICES PROVIDED BY THE CLUB.

• You may cancel your membership and receive a full refund within ten business days of signing this contract by providing a written notice to the Club and returning all access cards. If access cards are not returned, the Club will deduct the cost of the cards from the refund. If this contract is signed before the Club is open for business, Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer.

• If during the original term of this contract you relocate more than 25 kilometers from your original residence as stated in this Agreement, and the new permanent residence is more than 10 kilometers from any Fitness 1440 location, you may cancel this contract by providing a 30-day written notice, proof of relocation, and 50% of the remaining agreement balance. Any pre-paid dues remaining will be refunded, except for a cancellation fee not to exceed $50. Acceptable proof of relocation includes a newly issued Driver's License with an address different from the one you signed up with or shown on your previous license or a utility bill in your name with your new address.

• If you die or become totally and permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use any of the Fitness 1440 facilities. Any pre-paid dues remaining will be returned but no cancellation fee will be charged.

• The Club retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the Club policies, violation of terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $50 cancellation fee. In the case where the facility or its contents are damaged, you will furthermore be responsible for the repair or replacement thereof.

• If the Club goes out of business or moves its facilities more than 10 kilometres from its present location, Buyer may cancel by written notice. Any cancellation under this subsection will receive a pro-rata refund of any prepayments. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the Club.

TERMS AND CONDITIONS

1. DISCLAIMER OF LIABILITY: Fitness 1440 urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Fitness 1440, its officers, agents, employees, instructors or assigns.
2. RULES AND REGULATIONS: MEMBER AGREES TO FOLLOW CLUB RULES AS PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership.
3. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
4. ENTIRE AGREEMENT, The Member and Fitness 1440 acknowledge that this agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
5. CANCELLABILTY AND TRANSFERABILITY: This membership is not negotiable, transferable or cancellable by the member except as otherwise provided herein. This Agreement will bind and inure to the benefit of Fitness 1440’s permitted successors and assigns.
6. NOTICES: Except as otherwise provided herein, all notices to the health Club shall be sent via certified mail to the address just below this paragraph. If a member is entitled to a refund, an additional request for refund is to be directed to the health Club at the address below. All refunds to which customer or their estate is entitled to shall be made within 30 days of receipt by the health Club of the cancellation notice.

7. SERVICES TO BE RENDERED: Member acknowledges understanding a listing of all services provided by Fitness 1440 and the list of prices of all forms or plans of service. If any of the listed services are to be offered at a future date and are not currently available, the date that these services will be made available will be communicated when known.
8. PHOTOS, VIDEOS, TESTIMONIALS: I hereby grant permission to the rights of my image, likeness and sound of my voice: as recorded on audio or video tape without payment or any other consideration. I understand that my image: may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image, recording, and or testimonial. I understand that photos, videos, and testimonials may be used for marketing purposes. I also understand that this material may be used in diverse settings within an unrestricted geographic area.
9. SMS/EMAIL: I provide consent and understand that Fitness 1440 will send me periodic text messages/emails that may include, but not limited to, updates, billing, and promotions. Standard text message rates may apply.
10. NON-MEMBERS: If a member brings a non-member into the Club after staffed hours, the member will be charged a $50.00 fee. The member authorizes this policy. Free guest privileges are only permitted during business hours, with approval from the front desk Staff. Members are not allowed to loan their club access keys to other members or non members.

CONTACT: Member Acknowledgements: Member affirms, acknowledges and attests that Member's mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Member agrees that Fitness 1440, including its agents and affiliates and assigns, may contact the Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Fitness 1440 (or its affiliates and assigns, as applicable) for purposes of providing information about the club and events held at the club, providing information about services or products offered by the club, facilitating membership relationship and processing payments and amounts otherwise owed to the club.

E-SIGN CONSENT: Certain laws and regulations may require Fitness 1440 to provide Member with written notices and disclosures on paper. With Member's consent, this information may be provided to Member electronically. Member's consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that Fitness 1440 may provide.

Member's consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Fitness 1440 and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Fitness 1440. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Fitness 1440, and to promptly notify Fitness 1440 of any changes to Member's email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Fitness 1440. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have:

• a computer, mobile device, tablet or smart-phone,
• a version of internet browser software that is up-to date and supported by Member's electronic device,
• an internet connection,
• software that is capable of accurately reading and displaying electronic PDF files,
• a computer or electronic device operating system capable of supporting the items above. and
• a printer or electronic storage: device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member's electronic mobile devices, tablets, and smartphones.

In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Fitness 1440 will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to Fitness 1440.

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this agreement You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

Authorization Terms

By executing this Agreement, You authorize Club and Club's agents, including its third party payment processing companies ("Club's Agents"), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement ("Club Agreement"), as well as any other account or card information provided by You through any means to Club or Club's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, "Payment Information"). Club and/or Club's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes and charges) and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.

I have read and accept the Authorization Terms above.


{First Name} {Last Name}