MEMBERSHIP TERMS AND CONDITIONS AND RELEASE
Welcome to The Motion Room and the Results Success Systems Program™ (the “Program”). We look forward to working with you on your fitness journey and helping you to achieve your goals. Below we have outlined the terms and conditions of membership, including fees and all other payments and charges (the “Fees”) and how you can obtain the session credits (“Sessions”) needed to participate in the Program.
PLEASE READ THIS AGREEMENT CAREFULLY
1) The Parties. The Member is referred to as “You” or the “Member” and The Motion Room is referred to as “Us”, “We” or “The Motion Room”. All Sessions are held at the address listed above (the “Facility”). All Schedules are incorporated into this Agreement by reference.
2) The Agreement. By signing this Agreement (the “Agreement”) and paying the Fees We grant you access to our Facility to participate in the Program and to purchase Sessions. The Fees and the Start and End date of this Agreement are set out in Schedule “A”. Regular and Promotional Agreements may be cancelled upon providing 90-days’ written notice. Month to Month Memberships require 30-days written notice. Upon termination of the Agreement, any unused credits by the expiry date shall expire and will not be refunded. We require at least twenty-four hours’ notice if you wish to cancel or reschedule a scheduled session or other appointment, failing which that Session or appointment will result in a loss of credit. For unlimited agreements, scheduled sessions or other appointments are subject to a cancellation fee of $20+HST per session. You agree to follow all rules and regulations (the “Rules”) posted by The Motion Room on the Website or in its Facility from time to time, and to notify Us immediately of changes in address, billing information, or any other personal information required by this Agreement.
3) Payment of Fees, etc.: You agree to pay the Fees on each regular payment date and authorize and direct The Motion Room to present transactions for payment against your chequing or credit card account. In consideration of The Motion Room acting as directed, You agree that The Motion Room’s treatment of each credit card payment and its rights to it shall be the same as if it were personally signed by You. The pre-authorized payment shall be drawn on your account to cover all Fees, including all default charges and other amounts to which We are entitled under this Agreement. Declined or returned payments and any late charges will be automatically charged to your credit card account and/or your chequing/bank account, along with an administration fee of $45 or the maximum amount permitted by law, whichever is greater, and our costs and expenses. In the event your credit card expires, and You have not provided updated information to Us, You agree to allow Us to withdraw from your bank account any and all outstanding Fees. Payment of Fees other than by credit card or electronic payment from your chequing account shall be subject to a $10.00 monthly surcharge. To take advantage of The Motion Room Easy Pay Program, the Disclosure Statement in Schedule “A” must be completed in full.
4) 10-Day Cool-Off Period. This Agreement is subject to a 10-day cooling-off period during which You may cancel this Agreement, in writing, for any reason. The cooling-off period begins upon the later of a) receipt of a written copy of the Agreement; and b) the day the Facility is first made available to You. We will refund any payments to you within fifteen days of our receipt of said notice.
ADDITIONAL MEMBERSHIP TERMS
You agree that The Motion Room is not responsible for any lost, stolen, or damaged personal property brought into the Facility by You, including personal property placed in a locker. Failure to abide by the terms of this Agreement or the Rules may result in the suspension or termination of your right to attend at the Facility, in our absolute discretion. In such cases, all Sessions will be forfeited and no refund will be payable. If the member is a minor, than this Agreement must be signed by a parent or legal guardian.
You may not assign or transfer this Agreement or any rights, interests, or obligations hereunder without our prior written consent. We may assign or transfer this Agreement in our absolute discretion. This Agreement, together with all Schedules, constitutes the entire agreement and understanding between us. Any changes to this Agreement must be in writing. This agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
We reserve the right to cancel any membership in our absolute discretion. In such an event, payments will extend to the end of the 90-day notice period.
We make no warranty or guarantee regarding the fitness of purpose or merchantability of the Program or any other services offered at the Facility. We reserve the right to change hours of operation, and to change, add, modify, or eliminate any element of the Program or any type of equipment, activity or service currently available at the Facility. We may from time to time offer the services of independent contractors at the Facility. We do not warrant or guarantee the quality of these services or their availability.
You agree that any damages, costs or recovery in any claim, action, complaint, or proceeding brought in relation to this Agreement shall not exceed the amount of the Fees paid by You under this Agreement in the most recent 12-month period.
The new Canadian Anti-Spam Law requires us to get your consent to continue sending you communications on our products and services. We respect your right to choose what you receive. By accepting this agreement and completing this form you will be on our contact list to receive periodic electronic communications including newsletters, event invitations and important updates from The Motion Room. You may unsubscribe at anytime by clicking “unsubscribe” or logging into your profile and making the necessary modification.
I hereby agree with the terms and conditions set out in the Agreement and all Schedules and I have signified my agreement thereto by checking the box next to this statement.