12-MONTH MEMBERSHIP AGREEMENT
Please read these Terms of Service ("Terms", "Terms of Service") carefully before starting the Small Group Personal Training Program (the "Service" operated by Dan North Fitness Inc.).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
I hereby agree to participate in the exercise program given by Dan North Fitness Inc. (hereafter referred to as the “Company”) upon the understanding and condition that:
1. I acknowledge that the Company has advised me of medical risks that may result from such participation and represent to the Company that I have consulted my personal physician (if I have been advised to do so by the PAR-Q ) and confirm I am physically capable of such participation and I am not injured.
2. I am aware of the medical risks associated with participating in an intense exercise program, including the possibility of injuries resulting from the activities performed such as jumping, weight lifting, and all other physical activities associated with the exercise program. I will advise the Company if I sustain any injury or illness that could affect my ability to safely exercise or if I feel any discomfort or pain during the Service.
3. I recognize the risks of illness or injury inherent in a group exercise program and am participating in the Company’s program upon the express agreement and understanding that I am hereby waiving and releasing the Company, it’s directors, officers and employees (hereinafter collectively referred to as the “DNF Parties”) from any and all claims, costs, liability, expenses or judgments including legal fees and court cost (herein, collectively “Claims”) arising out of my participation in the Company’s programs or any illness or injury resulting there from, and hereby agree to indemnify and hold harmless the DNF Parties from and against any and all such Claims.
4. I hereby execute and deliver this waiver and release to induce the Company to permit me to participate in its Service.
You hereby agree to pay the total amount of the first four-week term prior to the Service’s start date.
You hereby agree to pay the total amount owing of the Service’s initial twelve-month term with payments made every four weeks commencing on the Service’s start date.
Invoices are due upon receipt and will be charged automatically to your credit card.
You, the person whose name appears on the credit card or the person who is the account holder, as indicated below, by your signature immediately following these Terms authorize Dan North Fitness Inc. and/or its agent(s) to withdraw or debit from your account identified above (the “Account”) any and all amounts payable by the above named member(s) under this agreement and any renewal thereof.
You confirm that you are at least eighteen (18) years of age.
You hereby agree to give the Company two weeks’ prior written notice of revocation of this authorization or any change(s) to the Account in order for such change(s) to be effective in the next four-week term.
You agree that the first preauthorized payment will occur four weeks after the Service start date. This payment authorization shall survive and not merge with the expiration or termination of this agreement.
Your Membership Agreement will automatically renew on a recurring four-week term at the end of the initial twelve-month term, and the stored Payment Information will be used to process payments owed in relation to the renewal term.
This consent to store Payment Information will not expire unless it is expressly revoked by you, and the general cancellation and refund policies provided in your Membership Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the email address provided by you on the face of your Membership Agreement.
Membership Hold Policy
You may pause your membership and place your payment on hold for a maximum of two weeks during the initial twelve-month term and each consecutive twelve-month term following thereafter.
The Membership Hold Policy shall survive and not merge with the expiration or termination of this agreement.
The Service is non-refundable.
The Service is valid for twelve months commencing on the Service’s start date.
All training sessions included in the Service (hereafter referred to as "Sessions") must be completed within the initial twelve months of the Service’s start date. Cancelled or missed Sessions cannot be rescheduled to a later date beyond the first twelve months of the Service’s start date and must be completed within the term they are originally scheduled.
In the event you need to cancel or reschedule a Session, you must provide a minimum of 24-hour notice to reschedule the Session to another date within the same four-week term. If no other time is available within the four-week term the Session was originally scheduled, you will be charged for the Session. You agree to show up on time for your scheduled Session and understand that if you are late for the Session it will not be possible to make up for the lost time.
You may cancel this agreement by providing a medical note from your doctor stating that you can no longer exercise for specific health reasons, or by providing proof of residency beyond a 20km radius of the Service’s location with 14 days’ written notice prior to the commencement of the next four-week term.