Agreement Terms

 

Membership Agreement

About this Agreement: (the "Agreement"). The Member is referred to as "you” or "the Member" and Body Garage Fitness Centers Inc. is referred to as "us", "we" or "Body Garage". This Agreement is legally enforceable. Please read everything carefully. This Agreement may be subject to consumer protection legislation in the province in which the Home Club named above is located (the "Act"). Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act.

1. Our Responsibilities:

By accepting this Agreement, subject to the terms set out in this Agreement, we accept you as a member of our health, Fitness, and wellness facility. You will have the right during the term to use the facilities and services which you have purchased during our posted hours of operation. "Facility” includes your Home Club named above and any other Body Garage locations that you are entitled to access under your permitted reciprocity rights. Note that some facilities and services are only available during hours that the Facility is staffed. Please ask our staff for details.

2. Your Membership Privileges:

Access to Body Garage Fitness, including use of:

  1. Cardiovascular equipment
  2. Non-restricted strength training equipment
  3. Change room facilities
  4. 24 Hour access 7 days a week
  5. Membership and Billing freeze 2weeks-2months for $25 (Unless Serious Injury/Illness please see management) 

 

3.  Membership Card:

A key fob will be issued to Member and is Member's instrument to access to the location where the Membership Agreement was signed and completed. It is a requirement that each Member own and maintain a valid membership card during the entire length of their membership with Body Garage Fitness as it is the Member's proof of valid Membership and is required for entry. Membership card is not to be used by anyone other than the Member to whom it is assigned. If it is discovered that someone other than the Member is using the membership card, membership card will be confiscated and Member's account will be placed on hold or revoked (at the discretion of management) until proof of ownership for the membership card is provided. A new replacement membership card will be issued at a cost of $10.  If the membership card is lost or damaged due to negligence, a $20 fee will be charged for a replacement card plus applicable taxes.

4. Payments:

PAID IN FULL AGREEMENTS ARE NON-REFUNDABLE/NON-TRANSFERABLE! 

We apply all payments in this priority:

a)         any amounts owing from a previous Membership Agreement

b)         Bi-Weekly/monthly Fees and charges as they become due. We do not assess additional late charges on existing unpaid late charges.

c)         All charges and payments are to be in Canadian Currency

5. Pre-Authorized Payment Agreement:

EFT Information

  I understand that I am in full control of my automatic payments. If at any time I wish to discontinue this automatic payment and satisfy my contract in cash, I will give written notice in no less than 30 days of the date I wish to terminate EFT payments to BODY GARAGE FITNESS. I understand that an EFT will continue on a month-to-month basis until such time as I give 30-day written notice.

If a check, draft, or order for payment of money on any bank or depository by You to Us as payment is not honored by the bank, We may add a fee of thirty ($30.00) dollars or amount equal to the actual charge by depository institution for the return on any dishonored instrument, whichever is greater, to the unpaid balance under this Agreement.

Payor listed above("Payor”) agrees to pay all sums, fees and charges specified in this Agreement (the "Fees") biweekly/monthly and authorizes Body Garage to present transactions for payment against Payor's account. In consideration of Body Garage acting as directed, Payor agrees that Body Garage's treatment of each payment and our rights to it, shall be the same as if it were personally signed by Payor if more than one. The pre-authorized payment shall be drawn on Payor's account to cover all Fees including membership fees. Payor has certain recourse rights if any debit does not comply with this Agreement. For example, Payor has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD (Pre-Approved Debit) Agreement.

Cancellation of this Agreement:

In addition to any other cancellation rights set out in this Agreement, after fulfilling the Commitment Period, this Agreement may be canceled by giving us notice at the address set out in this Agreement by any means which allows you to prove the date on which you gave notice, ONE MONTH in advance of the scheduled cancellation. Each Member is responsible for cancellation of his or her own membership, notwithstanding that the Member may not be the Payor. Our $30 fee will apply to cancel within the Commitment Period. Please ask our staff for details.

6. Fees:

You the Payor agrees to pay us all Fees when due, irrespective of the amount of use you make of the Facility. You agree that after the Commitment Period or, where the Commitment Period is less than one (1) year, after the first year of this Agreement, we may change the Fees at any time. We will provide you with at least thirty (30) days' notice (the “Notice Period") of any change in your Fees by sending you notice in writing at the last address or e-mail address provided by you to us. You may terminate this Agreement at any time during the Notice Period. If you do not terminate this Agreement within the Notice Period, you will be deemed to have accepted the change in Fees. All government taxes are in addition to and will be automatically added to all payments. We reserve the right to charge extra for any new or additional services or equipment. You will need to complete a written change agreement if you wish to use new services or equipment for which extra charges apply.

7. Term and Renewal:

This Agreement commences on the Start Date and expires on the last day of the binding period (collectively, the “Commitment Period"). If this is a preauthorized payment agreement, immediately following the expiry date, this Agreement will renew as a contract of successive monthly renewals, which you may terminate on ONE MONTHS notice. On renewal, Body Garage may continue to charge the Payor's account every two weeks/monthly for all Fees, including any applicable increases.

8. Age Limitations:

                Minors under the age of 16 are not permitted to attend any Facility during hours that the Facility is unstaffed unless accompanied by parent or guardian holding a membership NO EXCEPTIONS. Other restrictions also apply to Minor's use of the Facility. Please ask our staff for details. 

9. Guests:

Guest privileges are available during hours that the Facility is staffed and subject to a guest policy and payment of guest fees which may Change from time to time. It is your responsibility to ensure that your guest complies with this Agreement and with all of our Rules. Please ask our staff for details.

10. Rules and Regulations:

a)         Always considering other members' rights and privileges while they are training.

b)         Always paying membership dues on or before the fifth of each month.

c)         Never adjusting thermostat controls, propping open or adjusting bay doors

d)         Always unloading all bars and machines when through with using them and replacing all weight plates on their proper racks.

e)         Always replacing barbells and dumbbells on their proper racks at the end of each set.

f)          Always following directions on the proper use of the training equipment and asking for directions when necessary.

g)         Never spitting into the water fountain.

h)         Never putting feet on the wall.

i)          Never dropping dumbbells or barbells with excessive force on the floor.

j)          ALWAYS HAVE CLEAN INDOOR SHOES OR FOOTWEAR

k)         Always treating members and staff with fullest respect and courtesy at all times.

l)          Always accepting fullest responsibility for any damage done to equipment due to any misuse of the equipment.

m)       NOT ALLOWING ACCESS TO A NON-MEMBER AFTER HOURS AS IT WILL RESULT IN TERMINATION OF HIS/HER MEMBERSHIP

 

Our Rules may be posted in the Facility. They may change from time to time. The Rules are for your benefit and protection and must be complied with by all Members. We reserve the right to cancel or suspend your membership, without refund, if you a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuisance or disturbance, c)commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others. If your membership is suspended, your obligation to make payments under this Agreement will be suspended for the duration of your membership suspension. We do not allow any business activity or solicitation at the Facility. Solicitation of any business competitive with our business (including personal trainer services) is strictly prohibited. You agree to pay us any revenues received by you if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).

11. Reservation of Rights:

We reserve the right to refuse or cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid installments, if any. We reserve the right at any time to change our hours of operation, and to change the cost of, add, modify, and/or eliminate any program, equipment, activity, or class of service. We will use our reasonable best efforts to maintain the existing services and facilities at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period.

12. Release:

THE ACTIVITIES REFERRED TO IN THIS RELEASE AGREEMENT INVOLVE RISKS, DANGERS AND

HAZARDS INCLUDING THE RISK OF DAMAGE, LOSS, PERSONAL INJURY AND DEATH. THESE RISKS, DANGERS AND HAZARDS ARE MORE FULLY DESCRIBED ON THE FOLLOWING PAGES. ALL PARTICIPANTS IN THESE ACTIVITIES ARE REQUIRED TO SIGN THIS RELEASE AGREEMENT WHICH IS INTENDED TO PREVENT PARTICIPANTS FROM SUING IN THE EVENT OF AN ACCIDENT. PLEASE TAKE THE TIME TO REVIEW THIS DOCUMENT CAREFULLY.

TO: BODY GARAGE FITNESS INC (the “OPERATOR”) and THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT USED IN FITNESS PROGRAMS, and their respective directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (collectively the “RELEASEES”)

 DEFINITIONS

In this Agreement the term "fitness programs " shall include all activities, programs, events, classes, and services provided, sponsored or organized by the Operator including but not limited to:  yoga; Pilates; aerobics; aqua fit; dance; ballet; weight training; personal training; tennis; squash; racquetball; use of aquatic facilities including swimming pool, whirlpool, jacuzzi and sauna; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; orientation or instructional sessions or lessons; and all other such related activities.

ASSUMPTION OF RISKS

I am aware that my participation in fitness programs involves many risks, dangers, and hazards, which could result in damage, loss or physical injury to me.  Some of these risks, dangers and hazards include, but are not limited to:

Health:  overexertion, dehydration, fatigue, lack of fitness or conditioning. Premises:  defective, dangerous, or unsafe condition of the facilities; falls; collisions with objects, equipment or persons.

Use of Equipment:  mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

Advice:  negligent advice regarding fitness programs. My conduct and conduct of other persons:  I acknowledge that such conduct, including my negligence and negligence of other persons, including NEGLIGENCE ON the PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death.  I understand that the Releasees may fail to safeguard or protect me from the risks, dangers, and hazards of fitness programs; some of which are referred to above.

Despite the risks, dangers, and hazards of fitness programs, and fully understanding such risks, dangers and hazards, I wish to participate in fitness programs with the Operator, and I FREELY ACCEPT AND FULLY ASSUME all such risks,

Dangers, and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in fitness programs and permitting my use of their equipment, facilities, and services, I hereby agree as follows:

 

 

  • -TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next-of-kin may suffer as a result of my participation in fitness programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
  1. negligence on the part of the Releasees;
  2. breach of contract by the releasees.
  3. breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance, or adjustment of equipment.
  4. breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 337, on the part of the Releasees; and the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of fitness programs, some of which are referred to in the Assumption of Risks section of this Agreement.

 

 

  • -TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from all liability for any damage, loss, expense, or injury to any third party resulting from my participation in fitness programs.
  • -This Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

SAFETY

I am familiar with the proper use of the equipment.  I am aware that there are fitness instructors and staff available to answer any questions I may have as to the proper use of the equipment.

In entering into this Agreement, I am not relying on any oral, visual, or written representations or statements made by the Releasees with respect to the safety of fitness programs other than what is set forth in this Agreement.

INSURANCE:  I am aware that the Releasees do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in fitness programs.

JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

 

13. Independent Contractors:

The services of independent contractors may be available through the Facility. These services are not offered by Body Garage Fitness nor do they form part of this Agreement. You must make a separate agreement with an independent contractor if you wish to purchase his/her services. We do not warrant or guarantee the quality of these services or that they will be continuously available. Please ask our staff for details.

14. Telecommunications And Electronic Signatures Consent:

Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you. 

From time to time Body Garage may contact you directly by telephone, mobile or fax number or e-mail address for the purpose of sending you renewal or other notices, obtaining your feedback on our facilities and services, and of marketing (including telephone and e-mail marketing and automated telephone messages) of goods, services and special offers that may be of interest to you. By signing this Agreement, you consent to receiving such communications. You may withdraw this consent at any time by calling our Member Experience Team at 1-778-745-3105.

15. No Verbal Agreements:

There are no promises, representations, understandings and/or agreements between us other than this Agreement. Any changes must be in writing, signed by both you and Body Garage Fitness.

16. Assignment by Member:

This Agreement is personal to you. You may not assign or transfer this Agreement to anyone else. Any attempt to sell, assign, or transfer this Agreement is null and void and may, at our sole option, result in cancellation of your membership immediately without any refund.

17. Assignment by Body Garage:

We may assign this Agreement to another company or person at our discretion, and the term"Body Garage"includes any assignee, who will have all our rights and powers under this Agreement. If any claims are brought against us under this Agreement after we have assigned it, we reserve the right to raise any defenses available to us under this Agreement.

18. LIMITATION OF DAMAGES:

Your entitlement to damages, costs or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.

19. SEVERABILITY OF PROVISIONS:

The provisions of this Agreement are sever-able. If a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose at any time not to enforce a particular provision, we will still have the right to later enforce such provision.

20. Governing Law:

This Agreement is governed by the laws of the province in which the Home Club named above is located and the laws of Canada applicable there in.* As at date of this agreement. Subject to change based on terms of agreement.

**BODY GARAGE FITNESS*** A copy of the Body Garage Fitness Privacy Policy may be found at https://bodygarage.mosoportal.com/ or is available at the Facility on request.