PLEASE READ CANCELLATION RIGHTS BELOW
Your use of the fitness centres are governed by the terms and conditions listed in this agreement.
DEFINITIONS: In this agreement: (i) the customer listed above and/or who signs below is referred to as “you”, “your” and “yourself”; (ii) we, our legal representatives, successors and assigns are collectively referred to as “we”, “our”, and “us”; (iii) the fitness centres operated by us under the name “FW Fitness BC Ltd.” and “FW Fitness (Granville) Ltd” are collectively referred to as Fitness World.; (iv) the “Release Form” shall mean the Waiver and Release signed in conjunction with this Agreement; (v) “Agreement” shall mean, collectively, this membership agreement and the Release Form; (vi) “membership” shall refer to the rights of membership given to you under this Agreement; and (vii) “Minimum Term” shall mean the Minimum Term in months shown on the face of this Agreement, such term not to exceed 24 months.
MEMBERSHIP TYPE: Your membership rights are determined by the type of membership that you chose. Unless otherwise indicated, membership includes the following core services (i) access, during regular hours of operation, to the locations specified for your type of membership, (ii) use of most cardiovascular machines, weight training machines and free weights, (iii) certain Group Studio classes as determined by us from time to time, and (iv) a goal session. Facilities and services may vary at each location.
OPTIONAL BUNDLED SERVICES: You may choose to avail of optional programs and/or services for additional fees (the “Bundled Services”). The Bundled Services offered at each Fitness World location vary, and may include, without limitation, personal training sessions, either one-on-one or group, tanning sessions, childminding, group studio classes, Hydromassage, registration programs, dietary supplements and/ or seminars. Your membership includes those Bundled Services that are listed on the face of this agreement. It may, from time to time, be necessary for Fitness World to discontinue certain Bundled Services. Where this occurs, you agree that Fitness World may, at its sole discretion, either substitute the discontinued Bundled Services for other comparable Bundled Services of equivalent value, or refund the value of the unused portion of the discontinued Bundled Services to you. You agree that any such change will not constitute a material change to the services that we provide to you provided that we continue to provide the core services described at Section 2.
PAYMENT AUTHORIZATION: You authorize us to charge your credit card or debit your bank account, as applicable, for all amounts payable by you under this contract. A pre-authorized debit (PAD) may be revoked by you at any time upon 30 days prior written notice. Revoking your authorization will not relieve you from your payment obligations under this contract. You have certain recourse rights if any debit does not comply with this contract. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this contract. The PAD under this contract is a Personal PAD. We require 30 days’ notice to change bank account or credit card information. Visit www.cdnpay.ca or your financial institution to obtain more information on your PAD recourse and cancellation rights and a sample cancellation form. You agree to waive any pre-notification requirements and as such we will not provide you with pre-notification of any charge or debit.
ANNUAL CLUB ENHANCEMENT FEE: All memberships are subject to an Annual Enhancement Fee of $49.99 plus tax which is due within the first two months of the purchase date. The Annual Enhancement fee is an industry standard fee to enhance our facilities, services, and programs for our members. We plan to continue upgrading our current locations and expanding our location base in the years to come, while continuing to offer the best fitness facilities and services in British Columbia.
POST TERM DUES: I understand that following the expiry of my Minimum Term my membership will continue as a month-to-month membership, and that Post Term Monthly Dues, and the Annual Enhancement Fee, will be payable by me until my membership is cancelled as provided under this Agreement.
MEMBER RIGHT OF CANCELLATION: 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, Fitness World has 15 days to refund your money. If you send the notice of cancellation by mail, fax or email, it doesn’t matter if Fitness World receives the notice within the required period as long as you sent it within the required period. After the Minimum Term (excluding reasons denoted under section 5), you may terminate your Membership Agreement by providing at least thirty (30) days’ notice to Fitness World delivered by email, registered mail, fax, or personal delivery. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. Fitness World shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than thirty (30) business days after the termination notice is received by Fitness World; provided, however, notwithstanding the foregoing, you shall still be liable for the full amounts of the ANNUAL ENHANCEMENT FEE if you cancel your membership within the first 90 days. If the termination cannot be processed prior to the scheduled date of the charge or transfer, Fitness World shall refund the debited amount.
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 services that we provide to you. For this purpose, a “material change” includes (i) moving your residence to a location that is more than 30 KM away from the nearest Fitness World location or (ii) suffering a physical, medical or mental disability, substantiated in writing by a medical practitioner, or nurse practitioner, that results in continued participation of our services or facilities being unreasonable due to likely risk to your health. Should you discontinue your membership as a result of a material change, any fees owed by you for services rendered prior to cancellation, must be paid in full.
DUES ADJUSTMENTS. Both during and after the Minimum Term, you authorize us to adjust your monthly membership dues for calculation errors or changes in taxes, and annually for Consumer Price Index (CPI) increases. CPI adjustments may be made on a cumulative basis to reflect CPI adjustments not made by us in prior years. After the Minimum Term or prepaid dues period, we may, at our discretion, adjust your monthly dues, or Annual Enhancement Fee, upon giving you not less than 45 days prior written notice mailed to the postal address or sent to the Email address specified above, or such other address as you may subsequently notify to us. Annual Dues may be adjusted by us on each membership renewal date. Except as specifically provided in this Agreement, a failure by you to avail of our facilities or services will not result in a reduction of your dues payable under this Agreement.
CO-SIGNER: Where this Agreement has been signed by a Co-signer, the Co-signer agrees, as primary debtor and not merely as guarantor or surety, to pay all amounts required to be paid to Fitness World as and when due and to otherwise perform all of the User’s obligations under this Agreement. The liability of the User and the Co-signor under this Agreement shall be joint and several. Co-signer must be legal guardian/parent over age 25 for User below age 19 (yet meets FW Fitness BC Ltd. age requirements) and/or when membership is purchased as a gift.
- With the exception of NSF or returned amounts satisfied by further bank debits, a $25.00 collection charge is applied to all returned payments.
- Upon payment default, we may declare the whole or any part of the balance of the Enrolment Fee(s), and monthly payments for the duration of the Minimum Term, to be immediately due and payable.
- Amounts not paid in full within 30 days of their due date will be subject to a late payment charge of 2% of the unpaid amount per month or $2.00, whichever is greater.
- Monthly payments, other than those paid by PAD or pre-authorized credit card charge, are subject to an additional $5.00 service fee per payment plus applicable taxes.
- Members require an updated photo every 5 years. The replacement card fee for lost or stolen cards is $10.00. Only members in good standing, with proof of identification, may be eligible to have a replacement card issued.
PRIVACY: Fitness World collects your personal information primarily for the purpose of providing you with the services and / or the facilities contemplated under this Agreement. Fitness World may contact you about your membership account or to conduct market research & surveys in an effort to continually improve our product and service offerings. Fitness World or a third party engaged by Fitness World 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.
REPRESENTATION: You represent and warrant to us that (a) all information supplied by you in this agreement is true and (b) you are in good health and have no medical condition that will prevent you from engaging in exercise or that will increase your risk of injury or harm should you engage in exercise. We recommend that you consult with your physician before under- taking any exercise program.
FREEZE AND TRANSFER POLICY: Fitness World does not freeze or transfer joining fees or monthly dues for any reason other than as follows: (a) For medical reasons, Fitness World may agree to temporarily suspend or reduce monthly payments, or Annual Enhancement Fee, upon submission of appropriate documentation and satisfaction of certain conditions; (b) A single location limited membership may be transferred to another single location for a $20 transfer fee (limited to one transfer per member); and (c) In extraordinary circumstances Fitness World may agree to reduce monthly club membership dues to ½ of current fees to enable you to maintain the membership during period(s) of non-use. Please contact the club for appropriate submission forms.
FACILITY ACCESS: A listing of the Fitness World locations applicable to your type of membership can be found on our website (www.fitnessworld.ca) or obtained at any Fitness World facility. Fitness World may, from time to time, change the locations applicable to your type of membership for reasons that include, but are not limited to, the expiry of a lease, the opening of a new location, and/ or damage caused to a facility by fire, act of God, pandemic, catastrophe or accident. Should the Fitness World location to which you made your application for membership become unavailable for your use for any reason, you agree to use another reasonably comparative Fitness World location not more than 30km from that location. 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.
POLICIES, FACILITIES AND PROGRAMS: From time to time, we may introduce new facilities or programs, available to members for an additional fee, make reasonable changes to the days and hours of operation or publish and amend policies and regulations.
PERSONAL CONDUCT: (a) You agree to abide by the rules and regulations of membership as determined by Fitness World from time to time, a complete copy of which is posted at each Fitness World 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.
FITNESS WORLD RIGHT OF CANCELLATION: Fitness World may cancel this membership at any time, for any reason, upon giving you not less than 30 days prior written notice mailed to the postal address or sent to the email address specified, or such address as may be subsequently notified to us by you. Should Fitness World, other than in circumstances contemplated under Section 14, cancel this membership during the Minimum Term, a pro-rated portion of any dues or Enrollment Fees will be refunded.
- The Release Form shall form part of this Agreement and shall be read and construed together with this Agreement. Fitness World may, from time to time, update the Release Form, and you may be required to sign the current form of Release Form as a condition to you continuing to use our facilities and services.
- You acknowledge that this Agreement, the Release Form and other forms completed at the same time as this Agreement, constitute the entire agreement between you and us regarding your membership, and that, other than as contained in this Agreement, neither we nor any of our representatives or employees have made any express or implied representations or warranties to induce you to enter into this Agreement (including, without limitation, that our programs, facilities, or advice have been or are approved by any medical authority).
- Other than as expressly provided herein, neither you nor we may change this Agreement unless such changes are agreed to in writing signed by both you and us.
- The obligations of the User and any Co-signer under this Agreement are personal and may not be assigned or transferred except as provided hereunder. Fitness World may assign all or any part of its rights and obligations under this Agreement to another person or company.
TERMS AND CONDITIONS - FITNESS SERVICE AGREEMENT – PERSONAL TRAINING
Definitions: The fitness centres operated under the name “FW Fitness BC Ltd, and FW Fitness (Granville) Ltd.” are collectively referred to as Fitness World. “Client” refers to the name of the user and/or purchaser listed above and below. “Trainer” refers to the Fitness World employee supervising PT sessions. “Full” Session refers to a 50-minute session duration. “1/2 Session” refers to a 25-minute session duration. “Tandem Training” refers to a session with two clients at the same time. “SGPT” refers to small group personal training of more than 3 people at the same time. “Addendum” refers to this contract, an addition to the membership agreement, which does not replace the terms, fees or policies of the original membership. “PT” is an abbreviation for Personal Training Fitness World employee supervising PT sessions.
Type of Purchase: The client is purchasing a number of sessions for the amount indicated. Sessions are to be completed in the location and/or area of purchase with a Fitness World trainer, prior to expire date. Personal training sessions include a workout supervised by one of our qualified trainers for the applicable duration to help reach fitness goals.
Fees: Session fees are paid directly to Fitness World prior to engaging in service. Multi-session packages may be purchased at rates less than single session rates. With additional service charge(s) and client approval, Fitness World can be authorized to draw weekly or monthly debits, as applicable, covering payments due by the undersigned. Authorized debit amounts can be added to the current membership dues debit amount. Alternately, credit card amounts are also acceptable.
Client Information: You represent and warrant that all information provided by you is true and that you are physically able to engage in personal training sessions. You agree to inform the trainer of any condition or changes in health which could affect your ability to exercise safely.
Representation: Fitness progress and results depend upon genetics, environment, client effort, lifestyle, nutrition, sleeping habits, and client adherence to the program. You agree that Fitness World representatives have not provided medical advice nor made specific guarantees to results.
SERVICE POLICIES AND PROTOCOL- FITNESS SERVICE AGREEMENT – PERSONAL TRAINING
Waiver and Release Completion Required: This Fitness Service Agreement requires the completion of a FW Fitness BC Ltd. Waiver and Release, encompassing an Assumption of Risk, Informed Consent, Release of Liability, Waiver of Claims and Indemnity Agreement.
Check In: Client must sign-in/enter a PIN number/biometric fingerprint scan for each session at the time of service, including sessions cancelled without 24-hour notification.
Expire Date: This agreement terminates six (6) months from the date of purchase and all sessions must be completed on or before the expiration date.
Session Expire Date: With paid-in-full agreements, all sessions must be completed on or before the Expire Date. With recurring payment sessions, all sessions paid within the recurring payment cycle must be completed on or before the same period.
Session Times: Sessions are scheduled by appointment. Training sessions and trainers are not available at all times.
Session Duration: Standard Sessions are up to a maximum of 50 minutes in duration and Half Sessions are up to a maximum of 25 minutes in duration.
Trainer Availability: Client is purchasing a program and not the services of an individual trainer. The assigned trainer may not be available to conduct any one or all sessions in which case another trainer will be assigned. Member is not entitled to a refund if the originally assigned trainer is not available.
Session Cancellation: The client may cancel sessions with 24-hour notice. Sessions cancelled with less than 24-hour notice will be charged as a regular session. You shall be considered a “no-show” and charged a session if you are more than 15 minutes late for your scheduled appointment.
Group Training/Tandem Sessions: These are based on a series of sessions within a time period. Sessions missed for any reason may not be added at a later date or refunded.
ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS AGREEMENT
PLEASE READ CAREFULLY.
By signing this document, I am waiving certain legal rights, including the right to sue or claim compensation from FW Fitness BC Ltd. and FW Fitness (Granville) Ltd. dba Fitness World (the “Fitness World Club).
ASSUMPTION OF RISK AND INFORMED CONSENT
I am joining the Fitness World Club to engage in physical activity and exercise, including fitness classes, weight training and the use of Fitness World Club facilities, equipment and services. I acknowledge and agree that this agreement covers every activity I may participate in at any Fitness World club and any facilities, equipment and services that I may use either inside or outside any Fitness World facility. I am aware that this is potentially hazardous and involves many risks including but not limited to: heart attacks; strokes; physical injuries; property damage; and NEGLIGENCE ON THE PART OF THE FITNESS WORLD CLUB, INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICI-PATING IN PHYSICAL ACTIVITIES AND EXERCISE AND FROM USING FITNESS WORLD CLUB FACILITIES, EQUIPMENT AND SERVICES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ANY LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration for accepting my application for membership and permitting my use of Fitness World Club equipment, services and facilities, and for other good and valuable consideration, I agree:
- to waive any and all claims that I have or may in future have against the Fitness World Club and its directors, officers, employees, agents, members, guests and representatives (defined collectively as the “Releasees”) and to release the Releasees from any and all claims and liability (except as prevented by statute) for any injury, loss, damage, cost, or relief of any kind due to any cause whatsoever, including: claims in way connected with the Fitness World facilities, equipment or services; negligence; gross negligence; vicarious liability for any other person’s act or omission; or breach of any statutory or other duty of care by or on the part of the Releasees, including under the Occupiers Liability Act, R.S.B.C. 1996, c. 337.
- not make any claim against any other person or entity that may result in a claim against the Releasees and I shall hold harmless and indemnify the Releasees from any and all such claims, whether for damage to the property of or personal injury to any third party.
- to hold harmless and indemnify the Releasees from any and all claims made against them by any person who is not a Fitness World Club member and that I invite or accompany to use any Fitness World equipment, facilities or services, or to participate in Fitness World Club activities of any kind, including claims for damage to property or personal injury.
- This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.
I have read and understand this Agreement. In signing this Agreement, I am not relying upon any oral or written representations or statements of any kind made by the Releasees other than as set forth in this Agreement. I am aware that by signing this Agreement I am waiving legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees.
TANNING RELEASE & INFORMED CONSENT
PLEASE READ THE FOLLOWING INFORMATION BEFORE TANNING AND ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ALL PROVISION BY INITIALING PAGE ONE AND SIGNING AND DATING PAGE TWO.
- A person who uses a tanning device in this tanning facility must use eye protection. If eye protection is not worn, use of tanning facility may cause damage to eyes, including severe burns and /or long-term injury.
- Over-exposure to the ultraviolet radiation produced by a tanning device in this facility may cause burns and /or allergic reactions. A painful, blistering sunburn prior to the age of 18 can significantly increase the risk of skin cancer / melanoma.
- Repeated exposure to ultraviolet radiation produced by the tanning devices in this tanning facility may cause skin allergies, premature aging of the skin, skin thickening, dryness, wrinkling and skin cancer.
- Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics or medications, including but not limited to the following: tranquilizers, Diuretcis, Antiobiotics, High Blood Pressure medication, Birth Control medication and other photosensitizing agents. Check for a list of drugs and products known to increase photosensitivity.
- If taking presciption drugs or over-the-counter drugs please consult a physician before using a tanning device.
- A person who is less than 18 years of age is not allowed to use the tanning device.
- Different skin types respond differently to tanning.
- Tanning may be inadvisable during pregnancy and for person with photosensitizing disease, melanoma or other skin cancers. Tanning may cause possible activation of some viral conditions (cold sores, etc.).
That I will comply with all instructions on the use of tanning devices / system and that I am using these services at my own risk.
I agree to hold harmless all Fitness World affiliates, its employees and agents for any injury to person or property in any way by the use of its premises and services. In addition, Fitness World is not liable for the loss or theft of any personal property. Each person is responsible for safeguarding his or her own property.
Use all sessions within the terms of the contract dates and understand that refunds are never given on unused portions of tanning packages for any reason.
I understand that it is against policy to tan in more that one indoor tanning device / salon in one day.
MY SIGNATURE BELOW CONSTITUTES MY ACKNOWLEDGMENT THAT:
- I have read, understand, and fully agree to the foregoing CONSENT;
- the proposed indoor sun tanning process has been satisfactorily explained to me and I have all of the information I desire and; (3) I hereby give my authorization and consent. This CONSENT shall stand as long as I tan with any Fitness World location now and in the future. Without limiting anything contained in this Tanning Release and Informed Consent Form, my use of the tanning facilities and administration of the sun tanning process is subject to the terms and conditions of my membership agreement with Fitness World;
- I have read the instructions for proper use of the tanning facilities and do so at my own risk and hereby release the owners, operators, franchiser, or manufacturers, from any damage or harm that I might incur due to use of the facilities.
INFORMED CONSENT RECOMMENDED TANNING TIME RELEASE
I have read the above Tanning Release and Informed Consent and agree to all of its terms and conditions.
CLUB PROTOCOL & ETIQUETTE
The following information has been compiled to familiarize you with our policies and to ensure each visit is enjoyable for all members. Protocol may change from time to time as standards evolve.
HOURS OF OPERATION: These vary from location to location and may change subject to public response. You may find ALL location hours at www.fitnessworld.ca. 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.
PARKING: Each Fitness World location has individual parking conditions. Please check with the location you wish to attend regarding parking areas. Fitness World is not responsible for any parking fees incurred during your participation.
SIGN-IN: Bring your membership card each visit. All members are required to scan their card upon entering a location. Periodically, members will be asked to update information. All membership cards issued to you remain our 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, track suits, 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. 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.
POOLS, SAUNAS, TANNING, CHANGEROOMS: Bathing suits must be worn in pools, saunas and tanning beds/booths. Shower with soap and water before entering whirl- pools and swim pools. Read all health and safety standards posted. Dry yourself thoroughly before entering dressing rooms after leaving pools and showers. No glass containers allowed. No shaving on premises.
EQUIPMENT ORIENTATION & USE: New members are entitled to a supervised goal session scheduled by appointment.
GROUP STUDIO CLASSES: Class schedules are distributed at each location and change seasonally. They can also be accessed online at www.fitnessworld.ca. Various classes may be included with membership fees, depending on the membership type purchased. The fitness class schedule is dependent on volume of participation and the availability of qualified instructors.
GUEST PRIVILEGES: Free guest privileges are available based on the amenities included in the membership type. A member with guest privileges may only bring one guest during any club visit. The guest must be with the member when they check into the club. A member may not walk in to check in a guest and then leave the club while the guest uses the club. All guests must sign the guest register, which has a liability waiver to protect the business in the event of injury or death during club use. The guest must pay for Tanning, HydroMassage® or any other paid service as a non-member. Guests must be 18 or older, unless your guest is your legal dependent, in which case each may be as young as age 16.
TRAVEL PRIVILEGES: Prior to travelling, check with Members Services at email@example.com or by phone 604.288.4551 for a list of associated fitness centers, many of whom will provide services for discounted fees or at no cost to you. Your use of associated fitness centres is subject to all their rules, regulations and privileges.
ADDITIONAL ETIQUETTE TIPS
Get Ready: Ensure physical activity readiness; a physician’s approval and personal assessment is recommended.
Personal Training: Consider hiring a personal trainer for motivation, correct technical execution, and effective program design.
Fuel: Provide your body with good pre-workout nutrition; an easily digested snack of 200-400 calories 30-60 minutes prior to your workout will enable sustained activity. A post-workout snack consumed less than 30-90 minutes after your workout will enable your body to better adapt to the challenges placed upon it.
Ask For Help: Before engaging in the use of unfamiliar exercises or equipment please request assistance from staff.
Read Signs: Read and adhere to posted guidelines and policies.
During Your Workout: Everyone must bring a towel to wipe equipment after use. A water bottle is recommended for personal use.
Warm Up: Ensure a good warm up of 5-10 minutes before engaging in vigorous activity.
Clean Up After Yourself: Return equipment to appropriate areas after use. Wipe down equipment after use.
Take Turns: Allow others to “work in” with you between sets; be aware of others waiting to use equipment.
Social Courtesy: Common courtesies are desirable and well-received in our locations.
Remember to Stretch: 5 minutes of muscle lengthening activity completes a well-rounded program.
I acknowledge that I have received a copy of this Agreement, that I have carefully read and understand the contents of this Agreement that I agree to perform or cause to be performed my obligations under this Agreement.