Centre de Santé 2bFit Terms and Conditions
Recitals: Centre de Santé 2bfit Inc. herein referred to as The Centre and the below signed as The Member
1. I am in good physical condition and am able to exercise with no medical risk. I have consulted a physician and have received approval to undertake an exercise regimen.
2. I recognize the risks associated with the exercise regimen and release The Centre from any and all claims or liability for physical injury or damage to my person or property that may occur while I am on The Centre’s premises or result from such activity. I agree that I use The Centre’s services, equipment and facilities at my own risk, and I accept full responsibility for all injuries or damages, notably, but without limitation, due to my negligence, and, by the present, discharge The Centre from all claims and legal procedures, present and future, known or unknown, resulting from the use of The Centre’s services, equipment and facilities.
3. I commit to behave in accordance with The Centre’s rules and regulations which I acknowledge having read and understood. ____(client initials.)
4. This contract and its privileges are not transferable and cannot be assigned, bartered, or loaned to a third party at any time.
5. I accept responsibility for any damage that I cause to any of The Centre’s property or equipment, either wilfully, involuntarily or through negligence, and I agree to compensate The Center for the full cost of repairs or replacement that result from said damage.
6. I recognize that any and all solicitation whatsoever, or sale or rendering of services on The Centre’s premises is strictly forbidden without the prior written consent of The Centre.
7. I agree that The Centre reserves the right to temporarily close the facility and/or suspend activities in order to effect repairs or maintenance, or for other reasons deemed necessary by The Centre’s management. Temporary closure may take place without prior notice. In such cases, I agree that I shall not seek compensation or a refund for the period of closure and/or suspension of activities or services.
8. I agree to make payments to The Centre in the amounts and as per the dates specified in this contract. I agree to compensate The Centre fully for any additional or extraordinary costs it incurs in having to collect said payments regardless of my attendance at The Centre. I agree that I am liable to The Centre for said payments in full, plus any cost incurred in their collection by The Centre, notwithstanding the expiry date of this contract.
9. I agree that The Centre reserves the right to add, remove, or restructure services, such as, but not limited to, the hours of operation and amenities offered without penalty to The Centre. Any addition, removal, or restructuring of said services or amenities may be without notice.
10. The Centre shall not be responsible for any of my personal property that is lost, damaged or stolen on The Centre’s premises.
11. I agree that, with good cause, which includes but is not limited to a breach or violation of the terms of this contract, The Centre has the right to suspend indefinitely or to cancel said contract at any point of the term. In the event of cancellation by The Centre, I agree that I will be refunded, within a reasonable amount of time, not more than the remaining portion of the contract for which I have paid in advance.
12. Following the expiry of the cancellation period provided for under the Consumer protection Act, this contract should be irrevocable for the remainder of the term. In accordance, the member hereby expressly waives his right to terminate the contract provided by article 2125 of the Civil Code of Quebec.
13. I have read, understood, agree with and accept ALL the terms and conditions of this contract, including The Centre’s rules and regulations, and hereby acknowledge having received a signed duplicate of this contract, read the rules and regulations of The Centre and received a cancellation request form. _____ (client initials.)
CLAUSE REQUIRED UNDER THE CONSUMER PROTECTION ACT
(Contract entered into by a merchant who operates a physical fitness studio)
The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached hereto or another notice in writing for that purpose to the merchant.
If the merchant has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1/10 of the duration prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract.
The contract is cancelled, without further formality, upon sending of the form or notice.
Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the money he owes him.
It is to the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.