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Terms and Conditions


Club16 - Abbotsford
32560 Simon Avenue, Abbotsford, BC (604) 855 - 9630


Regular Membership Agreement - Abbotsford

MEMBERSHIP AGREEMENT


MEMBER INFORMATION

NAME:{First Name} {Last Name}                        EMAIL:{Email}                            PRIMARY PHONE: {Phone}

ADDRESS: {Street Address}, {City}, {State / Province} POSTAL CODE: {Postal Code}             SECONDARY PHONE:

DATE OF BIRTH: ID# SPONSOR/SOURCE  

EMERGENCY CONTACT:  


MEMBERSHIP INFORMATION

MEMBERSHIP TYPE:
  Regular Membership Agreement - Abbotsford

MEMBERSHIP START DATE:  December 12, 2018

MINIMUM MEMBERSHIP TERM:  1 Month

Payment of $8 is due on a Bi-Weekly Payment basis, commencing on December 12, 2018 with an anniversary date of January 11, 2019

BY SIGNING BELOW I UNDERSTAND THAT IT IS True THAT THIS AGREEMENT WILL CONTINUE ON A MONTH BY MONTH BASIS AFTER THE MEMBERSHIP TERM


PRICE FOR LIFE

I accept a onetime membership insurance to freeze my currently bi-weekly membership rate as long as I keep this Club16 membership active and in good standings.


INITIAL PAYMENTS

Enrollment Fee $19
Prorated Payment $
Security Card $20
Price for Life $0

There will be GST charged at GST 5% added to the above Initial Payments and I will be invoiced at the time of agreement completion.


CONSENT TO RECEIVE ELECTRONIC CORRESPONDANCE

I agree and consent to receiving electronic correspondence and newsletter containing information about my membership, updates and promotions from my Club16 Trevor Linden Fitness at the email provided above. I understand my consent can be withdrawn at anytime.


GENERAL TERMS

By Signing this Agreement, I agree (or if the member is less than 19 years old). I agree as guardian of the Member to purchase a membership from Club16 Trevor Linden Fitness according to the terms of this Agreement. I also agree and understand 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 as stated in the terms and conditions.
I acknowledge receipt of a printed or digital copy of this Agreement on  , including all of the terms and conditions, and that I have fully read and understood this Agreement. I authorize Club16 Trevor Linden Fitness to process Pre-Authorized Payments, Visa or MasterCard Debits to pay all amounts which may become due under this Agreement, according to the information provided in this membership agreement. I understand that dues are payable regardless of the number of times I use the facilities. I agree to pay an annual Club enhancement fee of $29.99 plus applicable taxes annually on May 3 in addition to regular dues.

CONSUMER’S RIGHT TO CANCEL: This is a contract to which the Business Practices and Consumer Protection Act applies. You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. You do not need a reason to cancel. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail or personal delivery. If you send the notice of cancellation by mail or electronic mail, it doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period. A consumer may cancel this contract by giving notice of cancellation to the club not later than one year after the date that the consumer receives a copy of this contract if the contract does not contain the information required under subsection (2) and section 19


TERMS AND CONDITIONS OF SMART START MEMBERSHIP AND PERSONAL TRAINING AGREEMENT

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 the club. No modification of this Agreement will be effective unless made in writing and signed by each of us. 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 under 19 years of age at the date this Agreement is signed, a Co-signer is required. As the Club would not have agreed to enter into this Agreement without the promises of the Co-signer and in consideration of the Club giving credit to the Member at the request of the Co-signer, the Co-signer promises to pay all amounts due to the club 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 the Club: (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 the Club 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 the Club. 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: If I default on any payment due under this Agreement, the Club may declare all or any of the future payments to be made under this Agreement immediately payable.

6. ASSIGNMENT: The Club may assign this Agreement, and, provided that the assignee agrees to assume the obligations of the Club in this Agreement, then the Club 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. CHANGES TO POLICIES, FACILITIES AND PROGRAMS: The Club may introduce new facilities or programs from time to time, available to Members for an additional fee. The Club may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time. I acknowledge that the club may change membership fees after the anniversary of my minimum term, or at any time during a No Term membership. I understand that facilities will be busier at some times than others on different days of the week.

8. SERVICE CHARGES: I agree to pay a $20.00 & applicable tax service charge for all rejected payments, whether by Pre-Authorized /credit card auto debit system, Visa, MasterCard, cheque or otherwise. The Club may re-negotiate any returned item, including service charges via pre-authorized payment system.

9. MEMBERSHIP CARDS & UPGRADES PHOTO: I agree to have my picture taken for the club’s computer file upon joining. Membership cards remain the property of the Club at all times. I agree to return my membership card to the Club at the end of my membership. I will pay a $20.00 fee & applicable tax for each replacement card required. I must present my membership card on every visit to the Club and if lost or stolen, I must purchase another to gain entry into the Club. All upgrades of membership after original 30 days of membership are subject to a $50.00 upgrade fee.

10. REGULAR MEMBERSHIP PRIVILEGES: If you have chosen this membership program on the front of your membership agreement you are entitled to use of all Cardio Equipment, All Free Weight Equipment, All Circuit Equipment and All Group Fitness Instruction Classes (excluding specialty offered program classes).

11. ELITE PLUS MEMBERSHIP PRIVILEGES: If you have chosen this membership program on the front of your membership agreement you are entitled to all of the listed privileges in the Regular Membership Program (See # 10). With the Elite Membership Program you are also entitled to unlimited use of all She’s Fit! Locations (Females) & Club16 Trevor Linden Fitness, unlimited sun tanning, 25% off of selected retail items (excluding clothing) and unlimited guest privileges for your out of town guests  Tanning privileges are excluded from this membership if under 18 years of age. Group Fitness Classes at offering clubs, and use of HydroMassage beds.

12. HOURS OF OPERATION: The Club may make reasonable changes to the days and hours of the facility from time to time.

13. PAYMENT INFORMATION: I will give the Club at least 30 days written notice of any change in payment information to allow sufficient time for processing. I understand that failure to give the required notice may result in service charges to me for rejected unpaid items.

14. GUEST PRIVILEGES: “Elite Plus Members” may bring out-of-town guests defined as living outside of the Lower Mainland of Vancouver and the Fraser Valley at no charge. The guest must provide identification showing their residential address as well as complete in full and sign the Clubs standard waiver. The same guest may only use the Club for up to 7 days. All other guests must pay the drop in fee ($10.00 including applicable tax) for a day visit. Tanning privileges are excluded from this membership if under 18 years of age.

15. WAIVER: I understand that all exercises and the use of the Club facilities will be undertaken at my sole risk. I am physically able to undertake any and all physical exercise and am not aware of any injury or disability which would affect my safety in using the facilities. I acknowledge that the Club has not recommended, and will not recommend, any medical treatment. I agree that the Club, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of me or my property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of the Club or the premises where those facilities are located. I expressly release and discharge Club16 Trevor Linden Fitness & She’s Fit its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them. If I use other facilities operating under the name of “Club16 Trevor Linden Fitness” or “She’s Fit”, then all the terms and conditions of this Agreement, including this paragraph, will apply to the use of those other facilities, and for the benefit of the owner of those facilities, its officers, directors, employees and agents from time to time.

16. INJURIES: I will immediately report any accident or injury suffered in the Club’s facilities prior to leaving the premises, in writing, to a staff person, and will provide a written report from my doctor within a reasonable time.

17. EXERCISE FLOOR RULES: A towel is necessary on the club floor at all times, always clean the piece of equipment after use. Appropriate clothing and footwear is required within the facility at all times. Acceptable attire includes: clean athletic footwear, athletic shorts, t-shirts, jogging outfits & sweat suits. Non Acceptable attire are street clothes and jeans, tank tops on males, ragged cut off shirts (neck or arms), no shirt, hoodies worn over head, open toed shoes or sandals. Bare Feet are not acceptable anywhere in the club besides shower areas. All fitness equipment has a place after use please return to that appropriate space, re-rack and put away all weights (plates, bars & dumbbells). Do not drop the dumbbells on the floor under any circumstances. Abuse of this policy will have your membership suspended. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your membership. Gym Bags are not allowed on the fitness/exercise floor for any reasons. No Chalk allowed on the fitness/exercise floor.

18. TEMPORARY OR PERMANENT CLOSURE: The Club may temporarily close the facilities to repair damage caused by fire or other causes, or for renovations. The Club may, at its option, either provide me with access to a fitness facility within 30 KM of the closed location, or extend the term of my membership by the length of the closure. The Club may permanently close the facilities, and may, at its option, provide me with a membership in a fitness facility within 30 KM of the closed location.

19. EARLY TERMINATION BY THE CLUB: The Club may terminate this Agreement for breach of terms and conditions, policies or regulations adopted by the Club from time to time

20. TERMINATION BY MEMBER:
a. Month to Month Membership Agreement: may be terminated at any time with at least 30 days written notice prior to the next bi-weekly dues payment date.
b. Term Membership Agreement: may be terminated on the anniversary date specified on this Agreement with 30 days written notice. If this membership is not terminated, the term membership continues as a No Term membership for the convenience of the Member with the termination provision in the preceding paragraph.
c. A term membership before the end of the term may be terminated with a single payment of $0 + applicable tax. The early termination fee of $0 + applicable taxes must be paid ten days prior to the next bi-weekly dues payment. If this fee is not paid ten days prior then your next bi-weekly payment will be charged. Bi-weekly dues previously owing and/or already paid bi-weekly dues will not be considered as part of the termination fee under any circumstances. This option is only available on the agreement for the membership term. The Personal Training is non transferrable and non-cancellable. Certain conditions apply.
d. Notice of Cancellation must be given by a method that permits a person to prove evidence of cancellation on a specific date, including registered mail, electronic mail, or personal delivery with a receipt from the Club or on the clubs standard form with a receipt from the Club. Verbal cancellation notices are not accepted.

21. NOTICE: All notices, requests, demands, directions and other communications provided for in this Agreement shall be deemed to have been given, delivered or made if they are in writing and either delivered or sent by registered mail, fax or electronic mail to the applicable party at their address shown in this Agreement, or at such other address as a party may notify another in accordance with this provision.

22. ARBITRATION: All disputes arising out of or in connection with this Agreement 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 Centre. 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 Vancouver, British Columbia.


CLUB REPRESENTATIVE: 

MEMBER NAME: {First Name} {Last Name}                        MEMBER SIGNATURE 

CO-SIGNER NAME:                    CO-SIGNER SIGNATURE  



MEMBERSHIP AGREEMENT CANCELLATION

 

In order for the terms of this agreement to be considered fulfilled, either the agreement Anniversary Date of January 11, 2019 must have passed and 30 days notice of cancellation be given, or for a request for early cancellation of your membership agreement, the cancellation fee of $0 is required to be paid.    Upon requesting a cancellation application of my agreement, I acknowledge I am responsible for paying any outstanding balance owing on my agreement to ensure my account is in good standing. 

 

Your application will be reviewed by a Management Representative and they will contact you directly with any questions.



Client Signature  







Payment Information


Reference Number
Amount Details
One Time Administration Fee of 19.00
One Time Card Fee of 20.00
Future Dues of 8.00 (Bi-Weekly Payment)
Future Annual Fee of 29.99
Plus applicable Taxes
Amount     
Currency


         

Name On Card
Credit Card Type
Credit Card Number
Expiration Date /

Please note that if you add a new Credit Card or Bank (ACH or EFT) payment type, if you have any currently active agreements these will then change to use this new payment type going forward. If you need to have this changed you can do so by contacting the payee directly.