BRICKHOUSE GYM 24/7 TERMS & CONDITIONS.
P L E A S E R E A D A L L R U L E S A N D REGULATIONS CAREFULLY
In this Agreement (the “Agreement”) the Member is referred to as “you” or “the Member” and Brickhouse Gym 24/7, its franchisees, (where applicable), owners, officers, directors, agents, employees or independent contractors (hereinafter collectively and interchangeably referred to as “us”, “we”, “our” or “Brickhouse Gym 24/7”). This Agreement is a binding contract that is legally enforceable. Please read everything carefully.
1. By entering into this Agreement: subject to the terms and conditions set out herein, we accept you as a Member of our Gym (the “Facility”), and you agree to abide by the payment requirements and other terms and conditions set out herein.
2. Pre-Authorized Automatic Fund Transfer Agreement: Member agrees to pay the Fees monthly in arrears (as applicable, or on the next business day) and authorizes Brickhouse Gym to present transactions for payment against Member’s account. In consideration of our acting as directed, the Member agrees that our treatment of each payment and our rights to it shall be the same as if it were personally signed by the Member. The pre-authorized payment shall be drawn on the Member's account to cover all Fees including membership fees. Regular payments for the full monthly rate plus applicable taxes will be debited from the Member’s account on the first business day of every month.
3. Cancellation of Membership Agreement: The Member may revoke this authorization and cancel this Agreement at any time after their minimum 12 month billing term by completing form Cancellation of Automatic Fund Transfer Agreement and delivering it to Brickhouse Gym not less than (60) business days before the next scheduled debit. You must send your form 1.9 Cancellation of Automatic Fund Transfer Agreement by email or hand-deliver it in person to staff members of the Brickhouse Gym at any of our locations during normal business hours. Member is responsible for all Fees payable after the effective date of Member’s revocation. A Cancellation Fee is payable if you want to cancel your Membership for your convenience in the Minimum Term. It is an amount equal to 50% of the balance of your Membership Fees for the remainder of the Minimum Term or the sum of Two months of Membership Fees (whatever is the higher).
4. Dishonoured Payment Charge: You acknowledge that all declined payments and any late charges will be automatically charged to my bank account. Brickhouse Gym will apply an administration fee of $40 in addition to the amount outstanding by the 15th of the month which will be debited from my account.
6. Waiver and 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 in connection with your use of The Facility. You acknowledge having been advised to consult your physician prior to using the Facility, starting any physical training or changing your diet/nutritional intake. You agree that you will accurately and truthfully complete a Health Canada Physical Activity Readiness Questionnaire (“Par Q”) and will have completed any medical examinations recommended because of answers given in response to the Par Q prior to participating in training. If you are or suspect you may be pregnant, you agree to have a pregnancy physical activity readiness medical examination (“PAR Med-X”) prior to using the Facility or participation in training. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to (A) release, indemnify and discharge us from any and all claims or causes of action (known or unknown) which you have or 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) 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 or while participating in any programs offered by us. The member agrees that we are not liable for any loss or damages (whether foreseeable or not) due to lack of; personal security; emergency services; easy access to transportation vehicles; washroom facilities. The member further agrees that Brickhouse Gym is not liable for any loss or damages (whether foreseeable or not) in the case of extreme weather conditions, such as high wind, heavy rain, snow, hail, lightening, tornado, hurricane or any other outdoor perils that may be present or which may occur while participating in training. We are not responsible for any damage to, loss or theft of your personal property.
8. Par Q: Please read the following questions carefully, if you answer YES to one or more questions and have not recently done so. Please consult with your personal physician by telephone or in person before increasing your physical activity and/or taking a fitness test.
a. Has your doctor ever said you have heart trouble?
b. Do you frequently have pains in your heart and chest?
c. Do you often feel faint or have spells of severe dizziness?
d. Has a doctor ever said your blood pressure was too high?
e. Has your doctor ever told you that you have a bone or joint problem such as arthritis that has been aggravated by exercise, or might be made worse with exercise? 6. Is there a good physical reason not mentioned here why you should not follow an activity Program even if you wanted to?
f. Are you over age 65 and not accustomed to vigorous exercise?
7. Fees & Payments: You agree 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. We will not reduce, discount or cancel your obligation because you do not use the Facility. All taxes are in addition to and will be added to all payments. We reserve the right to charge extra for any new or additional services or equipment. Brickhouse Gym does not give refunds for training sessions paid for. They are not transferable to others. In exceptional circumstances Brickhouse Gym may, at its sole discretion, offer a credit note towards a future Brickhouse Gym training if space is available. We apply all payments in this priority: a) any amounts owing from a previous Membership Agreement; b) Monthly Fees and charges as they become due.
8. Membership Freeze: You may temporarily suspend or freeze your Membership for any reason if your account is in good standing. In any 12 month period you may freeze your Membership for up to 3 months. We may agree to freeze your Membership for more than the period noted for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction. The Freeze Fee usually applies during any freeze period. While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct billings that fall in the freeze period will also be frozen (except the Freeze Fee). Brickhouse Gym will not send reminder notifications regarding the expiration of a freeze period.
9. Rules and Regulations: Our Rules may be posted in the Facility or on our website. 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 continue 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).
10. 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 demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period.
11. No Warranty: We do not provide any warranty, express or implied, with respect to the facilities or services supplied under this Agreement.
12. Default: If you breach any terms and conditions of this 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 $40, 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.
13. Privacy Policy: From time to time we may contact you directly by telephone, mobile or fax number or e-mail address to send you renewal notice or other notices, obtaining your feedback on our facilities and services, and for marketing 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 notifying us by email at infodesk@brickhousegym.ca. You acknowledge that you have had an opportunity to review the Brickhouse Gym Privacy Policy or that it has been made available to you.
14. Photographic Release: The member agrees that photographs and/or videos may be taken while participating in Brickhouse Gym training, and grants Brickhouse Gym permission to use them for the promotion of Brickhouse Gym training.
15. Facility Closures: In the event that we are required to close our Facilities for a period of time. Possible reasons include but are not limited to: utility outage, in house events, flood, fire, environmental hazard, public health issues, safety implications, security implications, or mandated by court order or law. When there is a facility closure, we may also suspend operations. In the event of a facility closure and suspension of operations, all memberships are put on hold until Brickhouse Gym can resume operations. A facility closure and/or suspension of operations does not constitute a membership agreement cancellation. Brickhouse Gym will not issue refunds for fees already paid to Brickhouse Gym at the time of facility closure and operations suspension. Brickhouse Gym will extend your Agreement for a time equal to the closed period. We may not receive or reply to emails, phone calls, faxes, or social media messages during the time of a facility closure and/or suspension of operations. Once we can re-open the facility and/or resume operations, Brickhouse Gym will automatically reinstitute all active membership agreements and billings may commence on the first business day of operations.
16. Acceptance: 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.
17. Assignment by Member: This agreement is personal to you. You may not assign or transfer this agreement to anyone else without the written approval of the Facility manager, for which we may charge you and administration fee. The person you assign or transfer this Agreement to will also be subject to increased Fees. Any attempt to sell, assign, or transfer this Agreement without our approval is null and void and will result in cancellation of your membership immediately without any refund.
18. Assignment by Brickhouse Gym: We may assign this Agreement to another company or person at our discretion, and the term “Brickhouse Gym” 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 defences available to us under this Agreement.
19. Governing Law: This Agreement is governed by the laws of the province of Manitoba.
I, the Member, have carefully read all rules and regulations of this Membership Agreement. 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.