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MembershipContract PDF

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50% found this document useful (2 votes)
587 views2 pages

MembershipContract PDF

Uploaded by

bobgreen1987
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MEMBERSHIP AGREEMENT

FIT4LESS by GOODLIFE ** (“Fit4Less”) * see below


** operated by GoodLife Fitness Centres Inc., G.S.T. #869583484R T,
7205 Goreway Drive,Mississauga ON L4T 2T9 Phone: (905) 673-6807 mississaugawestwood@fit4less.ca www.fit4less.ca
Member Name: Giang NGUYEN Sex: Male Birth Date: 12/10/1991 Today’s Date: 28/03/2016
D M Y D M Y
Address: 7254 VERNOR DRIVE City: MISSISSAUGA Prov: ON Postal Code: L4t2p4
Home Phone: (416) 818-5869 Business Phone: ( ) (Ext.)
Email: NGUYENG@HOTMAIL.CA Emergency Contact/Phone: _______________________________

PLEASE READ THIS AGREEMENT CAREFULLY


1. About this Agreement (the "Agreement"): The Member is referred to as "you" or "the Member" and Fit4Less by GoodLife is referred to as "us", "we" or
"Fit4Less". This Agreement is legally enforceable. This document contains the entire agreement between us. There are terms and conditions on the reverse.
Please read everything carefully.
2. Our Responsibilities: By signing this Agreement we accept you as a Member of our health, fitness, and wellness facility ("the 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 the Club at the address
above, and any affiliated Fit4Less Club which you are entitled to access under your permitted reciprocity rights. The facilities and services which you have
purchased are access to the Facility including but not limited to use of a) cardio-vascular equipment, b) strength training equipment, and c) washroom/change
room facilities.
3. Your Responsibilities: By signing this Agreement you agree: a) to pay us all sums, fees and charges specified in this Agreement, (the "Fees") when due,
irrespective of the amount of use you make of the Facility; b) to all of the terms and conditions which are set out in this Agreement, c) to follow our rules and
regulations ("Rules") which may be posted at the Facility from time to time; and d) to immediately notify us of address changes and of any other personal
information changes.
4. Pre-Authorized Payment Agreement: Payer listed below (“Payer”) agrees to pay the Fees biweekly (other than the Rate Guarantee Fee, which Payer agrees to
pay quarterly) and authorizes Fit4Less to present transactions for payment against Payer’s account. In consideration of Fit4Less acting as directed, Payer agrees
that Fit4Less’ treatment of each payment and our rights to it, shall be the same as if it were personally signed by Payer if more than one. The pre-authorized
payment shall be drawn on Payer’s account to cover all Fees including membership fees. Payer has certain recourse rights if any debit does not comply with this
Agreement. For example, Payer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD (Pre-Approved
Debit) Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca. Please note that the first pre-
authorized payment may occur less than 10 days from the start of this agreement. Subject to your statutory cancellation rights set out at the top of the reverse
page, you agree that this Agreement may not be cancelled by you for any reason, and no refunds will be issued.
5. Term and Renewal: This Agreement commences on 28/03/2016 and expires on 27/03/2017 . On the expiry date, this
Agreement will renew as a contract of successive monthly renewals, which you may terminate on one month's notice. If this is a Commitment membership, at
least 30 days but not more than 90 days before the expiry date, we will deliver a written renewal notice (the "Renewal Notice") to you at the last mailing or e-
mail address provided to us. The Renewal Notice will contain the following information: (i) the date of the proposed renewal of this Agreement; (ii) a statement
that under the Consumer Protection Act, 2002, we are required to deliver the notice to you in the manner specified in this Agreement, at least 30 days but not
more than 90 days before the agreement expires; (iii) the address of the premises from which we conduct business and information respecting other ways, if any,
in which we can be contacted by you; (iv) that this Agreement will not be renewed or extended if, before the renewal date you notify us, at the address set out
above, or by contacting us in some other agreed way, that you do not want to renew the agreement; and (v) a copy of this Agreement that clearly notes all
changes that we have made to this Agreement. On renewal Fit4Less may continue to charge the Payer’s account set out below every 2 weeks/monthly (as
applicable) for all Fees, including on-going membership fees.
6. Dishonoured Cheque Charge: Returned payments and any late charges will be automatically charged to Payer’s bank account. We will apply an administration
fee of $25 or the maximum amount permitted by law, including our costs and expenses, whichever is less, to returned payments.

7. Your rights under the Consumer Protection Act, 2002 are at the top of the reverse page.
I, the Member, have carefully read both pages of this Membership Agreement. I have been given a copy of it. I confirm that no verbal representations or warranties
have been made to me which have not been confirmed in writing in this Agreement, and that this written Agreement accurately sets out the entire agreement between
us. I understand the terms and conditions and agree to be bound by them.
Dated at Fit4Less Online Sales Date 28/03/2016

Member’s Signature Giang NGUYEN Digitally Signed

AGREEMENT DETAILS

Product Details: 4 Less Commitment Membership – $10.81 per month ($4.99 biweekly plus Applicable Tax)
$44.00 Enrollment plus Applicable Tax (4 Less Commitment)
Rate Guarantee paid in quarterly installments of $9.95 plus Applicable Tax (Optional): No

Members Name: Giang NGUYEN Services for Personal Use  Business

Payers Name: Giang NGUYEN Payers Signature: Giang NGUYEN Digitally Signed ID Type:

Bank Name: 010 Bank Address:

Transit: 01322 Bank Account: #######


Include Enrollment in
Start Date for Pre-Authorized Payments 01/04/2016 First Payment Y N
ADDITIONAL TERMS
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).O. Reg. 17/05, s. 28 (3).

8. Release: You acknowledge that there is a risk associated with participating in fitness activities and in exercising. Your participation is completely voluntary and you acknowledge that
you are assuming all risks of injury to yourself or others including any illness or medical condition. Please raise any concerns about starting an exercise or fitness program with your
physician before using the Facility. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and
discharge Fit4Less, including its owners, officers, directors, agents, employees or independent contractors (“us”), from any and all claims or causes of action (known or unknown)
which you may have arising out of your use of the Facility, including those arising out of the negligence of our staff, agents or representatives, and b) to indemnify and save us harmless
from any and all claims or causes of action (known or unknown) brought against us by any party arising out of your actions, including your negligence, while at the Facility. We,
Fit4Less, are not responsible for any damage to, loss or theft of your personal property.
9. Cancellation of this Agreement: In addition to your rights above, after fulfilling the term indicated in Paragraph 5 on reverse, this Agreement may be cancelled by visiting the Facility
and completing a cancellation form, or by delivering notice of cancellation by mail to the address set out on the reverse, one month in advance of the scheduled cancellation. Phone,
fax, email or verbal cancellations are not accepted. Each Member is responsible for cancellation of his or her own membership, notwithstanding that the Member may not be the
Payer.
10. Changes in Fees: After the expiry of the first year of this Agreement, you agree that we may notify you at any time that we propose to change the Fees by sending you notice in writing
at the last address or e-mail address provided by you to us. You may advise us in writing if you accept our proposed change. If you do not accept the proposed change we may, if we
choose, terminate this Agreement on one month's written notice to you. This will not apply if you have opted to take advantage of our Rate Guarantee. 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.
11. Rate Guarantee: We offer you the option to keep your monthly membership fees at their current low rate for as long as you are a member. The cost of this option is $39.80 per year,
which will be withdrawn from your account in quarterly payments of $9.95 (plus applicable taxes) on January 1, April 1, July 1 and October 1 each year (or the first business day
following should those dates fall on a week-end or holiday). Purchasing this additional Optional Membership Fee Guarantee ensures that your monthly membership fees will not
increase for as long as you are a member. Please note that subject to your statutory rescission rights above, this fee is non-refundable once paid, and will automatically stop upon
cancellation of the membership, when notice of cancellation is received 10 business days prior to the withdrawal.
12. 4Less Membership Cards and Access: We will issue you a membership card (the “Card”). You need it to enter the Facility and will not be able to enter without your card. The Card
belongs to Fit4Less and is for your personal use only. If anyone else uses it we may cancel your membership immediately with no refund. We may charge a fee for replacement of lost,
stolen or destroyed Cards.
13. Black Card Membership Cards and Access: We will issue you a membership card (the “Card”). You need it to enter the Facility and will not be able to enter without your Card. The
Card belongs to Fit4Less. You may give your Card to a friend or family member, provided such friend or family member has attained the age of majority in his or her province of
residence. Minors are not permitted to use the Facility using your Card. If your Card is used by a minor, we may cancel your membership immediately with no refund. Any friend or
family member you give your Card to must attend the club during posted hours when a staff member is present and must complete a registration and liability form. Friends and family
members are not entitled the use of massage chairs, tanning or ½ price cooler drinks, which privileges are restricted to the Member. We may charge a fee for replacement of lost, stolen
or destroyed Cards.
14. Minors: Refer to Schedule A.
15. 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.
16. Reciprocity: Black Card members have access to all Fit4Less Clubs. Please ask our staff for details.
17. Rules and Regulations: 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 or your guest 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. In
particular, 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 or
your guest if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).
18. 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. Equipment is available based on sufficient
demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period.
19. Independent Contractors: The services of independent contractors may be available through the Facility. We do not warrant or guarantee the quality of these services or that they will be
continuously available. Please ask our staff for details.
20. Prepayment: You may prepay any unpaid balance owing under this Agreement at any time. The unpaid balance includes any unpaid Fees or charges assessed prior to payment.
21. Payments: We apply all payments in this priority: a) any amounts owing from a previous Membership Agreement; b) Bi-weekly/Monthly/Quarterly Fees and charges as they become
due. We do not assess additional late charges on existing unpaid late charges.
22. Payment Obligations Absolute: You are obligated to pay us all Fees owing or falling due under this Agreement. We will not reduce, discount or cancel your obligation because you do
not use the Facility.
23. Warranty: We warrant that the services supplied under this Agreement are of a reasonably acceptable quality but otherwise make no warranty or guarantee regarding the facilities and
services that will be available to you under this Agreement.
24. Default: If you breach any terms and conditions of the Agreement, or if you do not pay an installment when due, you will be in default. Where you are in default of an installment, we
may assess a late charge of $25, send your account to a collection agency, and/or immediately cancel your membership and keep any amounts you have paid to us. If we later agree to
accept a payment from you, and reinstate your membership you must still fulfill all your remaining responsibilities under this Agreement and we may require you to pay any legal
and/or collection fees and charges incurred by us in collecting your overdue payments from you.
25. Privacy Policy: You acknowledge that you have had an opportunity to review the Fit4Less Privacy Policy or that it has been made available to you***.
26. Telecommunications: From time to time Fit4Less 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 1-800-
387-2524.
27. 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 Fit4Less. This Agreement is subject to acceptance by the Facility manager and is null and void if not completed according to our current pricing and payment schedules.
Additions or deletions by you to any printed portion of this Agreement are null and void.
28. 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 result in cancellation of your membership immediately without any refund.
29. Assignment by Fit4Less: We may assign this Agreement to another company or person at our discretion, and the term “Fit4Less” 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. Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
30. Severability of Provisions: The provisions of this Agreement are severable. This means that if a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is
still enforceable. If we choose not to apply or enforce a particular provision at any time, we still have the right to enforce or apply that provision in the future.
31. Governing Law: This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein.

* Fit4Less® and Goodlife® are trademarks of Patchell Holdings Inc. and are used under license.
** GoodLife Fitness Centres Inc. and their respective Affiliates, Directors, Officers, Employees, Representatives, Franchisees, Agents and Volunteers.
*** A copy of the Fit4Less Privacy Policy may be found at https://fit4less.ca/Home/PrivacyPolicy, or is available at the Facility on request.
**** Massage chairs, tanning, and cooler drinks are only available during the hours that the Facility is staffed.

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