MEMBERS ASSUMPSION OF RISK AND RELEASE:
I understand the risk of injury from FACILITY activities and using any FACILITY equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that Chopshopphysiques is an UNSUPERVISED FITNESS CENTRE and I assume all risks with using exercise equipment and exercising alone without the aid and presence of FACILITY staff on the premises.
I understand that Chopshopphysiques is a registered trade name of 1898866 Alberta Corp. and that this FACILITY is independently owned and operated by 1898866 Alberta Corp. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS 1898866 Alberta Corp. and its shareholders as well as all sponsors and advertisers, and all owners and lessors of the premises of this FACILITY and their respective officers, affiliates, agents, and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment
or the facilities of the FACILITY, or any incident that occurs while using such facilities, or otherwise related to my membership.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the FACILITY is relying on this release in agreeing to enter into this Agreement.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, Chop Shop will have the right to declare the entire remaining balance due and payable and you agree to pay (pre-judgement and post-judgement) interest at the rate of 20% per year, and all collection costs that may be paid or incurred by the
FACILITY including but not limited to collection agency fees, court costs, arbitration costs, and lawyer fees on a solicitor and client scale (full indemnity basis). You agree that these collection costs are pre-proceeding collection expenses and constitute a claim for a liquidated demand for money within the meaning of this province’s Small Claims Court Rules. You agree that the collection costs are recoverable in court by the Chop Shop. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be charged for any cheque, draft or credit card, the Chop Shop reserves the right to charge via EFT, cheque, draft, or credit card for all amounts owed by the MEMBER including any and all late fees and service fees. Subject to the appropriate Provincial and Federal Law.
SALES TAX: Notwithstanding any other provisions of this agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Chop Shop has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: Chop Shop hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from 30 to 90 days at a time. We may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for the original payment schedule. Once you resume any usage of the FACILITY, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
MAINTENANCE OF FACILITIES: The FACILITY may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The FACILITY reserves the right to add a periodic facility maintenance charge.
MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all FACILITY policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying Chop Shop promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
CANCELLATION POLICIES: (1) You may cancel your membership and receive a full refund within ten business days of signing this contract by providing a written notice to the FACILITY and returning all access cards. If access cards are not returned, Chop Shop will deduct the cost of the cards from the refund. If this contract is signed before the FACILITY is open for business, Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer. (2) If during the original term of this contract you relocate more than 25 kilometers from your original residence as stated in this Agreement, and the new permanent residence is more than 25 kilometers from the FACILITY, you may cancel this contract by providing a 30-day written notice, proof of relocation, and a $50 early cancelation fee. Any pre-paid dues remaining will be refunded, except for a cancellation fee not to exceed $50. Acceptable proof of relocation includes a newly issued Driver’s License with an address different from the one you signed up with or shown on your previous license or a utility bill in your name with your new address. (3) If you die, or become totally and permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the Facility. Any pre-paid dues remaining will be returned and no cancelation fee will be charged. (4) The FACILITY retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the FACILITY policies, violation of the terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $50 cancellation fee and any damage to the Facility caused by you and/or your guests. (5) If the FACILITY goes out of business or moves its facilities more than 5 kilometers from its present location, Buyer may cancel by written notice. Any cancellation under this subsection will receive a pro-rata refund for any prepayments. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the FACILITY.
SUMMARY OF MEMBERSHIP POLICIES The MEMBER, by executing this Agreement, does hereby join the FACILITY and such membership entitles the MEMBER to use the Facility in accordance with the following rules:
1. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, participating in group fitness classes offer at the Facility. The MEMBER may also be charged for purchases through the use of their key or account number.
2. The MEMBER must swipe upon entering the FACILITY his/her membership card and the MEMBER agrees that the MEMBER may be denied access to the FACILITY without his/her membership card.
3. The MEMBER agrees to abide by all membership regulations of the FACILITY. The MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this agreement, MEMBER will be responsible for all payments due and owing under this agreement, even if MEMBER does not use the FACILITY’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the FACILITY becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER’s membership privileges for the period the facilities were unavailable.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the club, Chop Shop may suspend the MEMBER’s right to use the club until such time as the MEMBER with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement of the rules and regulations governing the club, the MEMBER’s membership may be terminated by Chop Shop, and the balance of the contract declared due and payable in full immediately.
5. The MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities, unless MEMBER has signed and agreed to the terms of Fitness Contractors Agreement and with the consent of Chop Shop prior to any such activities taking place. If a Fitness Contractors Agreement has not been signed by both the MEMBER and Chop Shop, the MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If the MEMBER engages in such commercial or business activities the MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
6. The MEMBER agrees to abide by the FACILITY dress code at all times while in the Facility . The current dress code in the FACILITY is considered ‘modest’. FACILITY management and staff may at times ask you to change attire or leave the premises if dress does not conform to FACILITY POLICIES. No vulgar or offensive clothing as determined by FACILITY POLICIES is allowed. Flip flops or open-toed shoes of any kind or bare feet are not allowed in the FACILITY.
7. The MEMBER agrees that MEMBER shall not use loud or profane language upon the FACILITY premises nor shall MEMBER molest, badger, assault ,or harass other FACILITY MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. MEMBER understands that the FACILITY prohibits the use of any drugs or steroids, and MEMBER agrees not to use any drugs or steroids on the FACILITY premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon FACILITY premises.
9. MEMBER agrees that if MEMBER fails to use the FACILITY facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
10. The Member agrees that Chop Shop shall be entitled to recover all costs and expenses resulting from any breach of this Agreement, including its legal fees on a solicitor and client basis.
11. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
12. This Agreement may not be amended or modified except in writing by the parties hereto.
13. The MEMBER authorizes Chopshopphysiques, 1898866 Alberta Corp., and their authorized designees to contact them by email, telephone, or by any other means.
14. Chop Shop retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the FACILITY from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the FACILITY or at the FACILITY’s website.
15. If the Primary MEMBER or any of the Additional MEMBERs on this Agreement choose to utilize the vending machines at the Facility or purchase products directly from Chop Shop using their assigned key, the Primary MEMBER hereby agrees to have the cost of such purchases, including Sales Tax, added to the next monthly draft in addition to their membership dues. SAFETY NOTICES • This facility is under 24-hour recorded video surveillance, which may be retained by Chop Shop for subsequent review, and MEMBER access card usage is logged. • The MEMBER may not bring guests at any time without prior written consent of Chop Shop or its staff. Furthermore, if this policy is violated, Chop Shop may in its sole discretion either: charge the MEMBER a guest fee; and/or have their membership suspended; and/or have their membership cancelled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. The MEMBER may not allow anyone else to use their access card and must alert Chop Shop immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy. • MEMBERs who do not have their key access card will not be allowed into the facility during non-staffed hours. • Personal training services are provided in the Facility by independent contractors operating their own business who have entered into a Fitness Contractors Agreement with the FACILITY. All personal training services should be organized and booked through Chop Shop, and paid to the Contractor providing said services. • MEMBER has access to a free orientation to the Facility which includes proper use of basic equipment. It is the MEMBERS’ responsibility to request this orientation. • It is the MEMBER’s responsibility to wipe down all equipment after each use and re-rack weights they use. • The MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you must obtain instructions from the staff or personal trainers. • Each MEMBER is responsible for understanding how to use the fire alarms and agree to use them only in case of emergency. • Horseplay, vulgar language, abuse of equipment, working out while intoxicated or under the influence of prescription or illegal drugs, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER’s membership, and the balance of the contract being declared due and payable in full immediately. • Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the FACILITY. • Age Requirements – Persons aged 14 and 15 must be accompanied by an active MEMBER who is a minimum of 18 years of age. Members must be 16 years of age or older to access the Facility without a parent or guardian and use is restricted to only during Staffed hours.