PLEASE READ CANCELLATION RIGHTS ON THE REVERSE OF THIS AGREEMENT
Your use of the fitness centres listed on the reverse are governed by the terms and conditions listed here and on the reverse of this agreement.
1. DEFINITIONS: In this agreement: (i) the customer listed above and/or who signs below is referred to as “you”, “your” and “yourself”; (ii) SNFW Fitness B.C. Ltd. is referred to as “SNFW B.C.”; (ii) the fitness centres operated by SNFW B.C. under the name “Steve Nash Fitness World” (listed at the end of this Agreement) are collectively referred to as SNFW;
(iii) the fitness centres operated by SNFW B.C. under the name “Steve Nash Sports Club” (listed at the end of this Agreement) are referred to as SNSC; (iv) SNFW B.C., SNFW, SNSC, their legal representatives, successors and assigns are collectively referred to as “we”, “our” and “us”; (v) the “Release Form” shall mean the Waiver and Release signed in conjunction with this Agreement; (vi) “Agreement” shall mean, collectively, this membership agreement and the Release Form; (vii) “membership” shall refer to the rights of membership given to you under this Agreement; and (viii) “Minimum Term” shall mean the Minimum Term in months shown on the face of this Agreement, such term not to exceed 24 months.
2. MEMBERSHIP TYPE: Your membership rights are determined by the type of membership chosen. Unless otherwise indicated, membership includes access to the locations specified during regular hours of operation, use of most cardiovascular machines, weight training machines and free weights, certain fitness classes as determined by us, and a new member orientation. Facilities and services may vary at each location.
3. OPTIONAL PROGRAMS: You may choose to avail of optional programs and/or services for additional fees. Optional programs and services include, but are not limited to, personal training sessions, suntan sessions, child minding, specialty classes, registration programs, supplements and seminars.
4. 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 Club Enhancement Fee of $59.99 plus tax which is due within the first three months of the purchase date. The Annual Club 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 or my pre- paid dues period (as applicable), my membership will continue as a month-to-month membership, and that Post Term Monthly Dues, and the Annual Club Enhancement Fee, will be payable by me until my membership is cancelled as provided under this Agreement.
I acknowledge that I have received a copy of this Agreement, carefully read and understand the contents of this Agreement (front and back) and I agree to perform or cause to be performed my obligations 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, SNFW B.C. has 15 days to refund your money. If you send the notice of cancellation by mail, fax or email, it doesn't matter if SNFW B.C. 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 this contract by providing 30 days prior written notice. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, email, or personal delivery.
TERMS AND CONDITIONS: Continued from previous page
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 SNFW B.C. location or (ii) suffering a physical, medical or mental disability, substantiated in writing by a medical practitioner, or nurse practitioner, that 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, such as personal training or suntan sessions, 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 Club 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 SNFW B.C. 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 SNFW B.C. 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.
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. 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: SNFW B.C. collects and your personal information primarily for the purpose of providing you with the services and / or the facilities contemplated under this Agreement. SNFW B.C. may contact you about your membership account or to conduct market research & surveys in an effort to continually improve our product and service offerings. SNFW B.C. or a third party engaged by SNFW B.C. 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 on the reverse 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 undertaking any exercise program.
FREEZE AND TRANSFER POLICY: SNFW B.C. does not freeze or transfer joining fees or monthly dues for any reason other than as follows: (a) For medical reasons, SNFW B.C. may agree to temporarily suspend or reduce monthly payments, or Annual Club 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 $99 transfer fee (limited to one transfer per member); and (c) In extraordinary circumstances SNFW B.C. may agree to reduce monthly club membership dues to ½ of current fees or $20, whichever is higher, to enable you to maintain the membership during period(s) of non-use. Contact snclubs.com for appropriate submission forms.
FACILITY ACCESS: Should the SNFW B.C. location to which you made your application for membership become unavailable for your use because of damage caused by fire, an act of God, catastrophe, accident, lease expiry, or for any reason whatsoever, you agree to use another reasonably comparative SNFW B.C. location not more than 30km from that location. The 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, publish and amend policies and regulations, or modify fees for membership.
You agree to abide by the rules and regulations of membership as determined by SNFW B.C. from time to time, a complete copy of which is posted at each SNFW and SNSC location.
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.
SNFW B.C. RIGHT OF CANCELLATION. SNFW B.C. 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 SNFW B.C., other than in circumstances contemplated under Section 14, cancel this membership during the Minimum Term, a pro-rated portion of any Annual Dues or Enrolment Fees will be refunded.
The Release Form shall form part of this Agreement and shall be read and construed together with this Agreement. SNFW B.C. may, from time to time, change the form of 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. SNFW B.C. may assign all or any part of its rights and obligations under this Agreement to another person or company.
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 SNFW Fitness B.C. Ltd. dba the STEVE NASH FITNESS WORLD AND SPORTS CLUB (the “SNFW CLUB”).
ASSUMPTION OF RISK AND INFORMED CONSENT
I am joining the SNFW CLUB to engage in physical activity and exercise, including fitness classes, weight training and the use of SNFW CLUB facilities, equipment and services, including those specific activities set out on Schedule A attached hereto. 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 SNFW CLUB, INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN PHYSICAL ACTIVITIES AND EXERCISE AND FROM USING SNFW 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 SNFW 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 SNFW 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 SNFW CLUB 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 SNFW CLUB member and that I invite or accompany to use any SNFW CLUB equipment, facilities or services, or to participate in SNFW 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.
STEVE NASH FITNESS WORLD AND SPORTS 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.snclubs.com. 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 SNFW B.C. location has individual parking conditions. Please check with the location you wish to attend regarding parking areas. SNFW B.C. 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, CHANGEROOMS: Bathing suits must be worn in pools and saunas. Shower with soap and water before entering whirlpools 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 equipment orientation session, and a program card with an exercise program, scheduled by appointment.
GROUP FITNESS CLASSES: Class schedules are distributed at each location and change seasonally. They can also be accessed online at www.snclubs.com. Many classes are included with membership fees, while some may require additional fees. The fitness class schedule is dependent on volume of participation and the availability of qualified instructors.
GUEST PRIVILEGES: For the safety and health of the guest, each guest must register at the front desk, complete a Release, and be under the guidance of staff. An individual may come as your guest once every 6 months. Additional visits may be purchased by your guest for
$20/$25 per visit at Level 1 / Level 2-3 clubs respectively. You may bring as many individual guests as you choose. Guests must be 18 or older, unless your guest is your legal dependent, in which case each may be as young as age 16. Some locations allow dependents at age 12; contact the location you wish to attend to clarify. Non-members age 18 and over who attend without a guest pass may have access for
$20/$25 per session.
TRAVEL PRIVELEGES: Prior to travelling, check with Members Services at email@example.com or by phone 604-581-4447 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.