PLEASE READ Terms and Conditions Carefully
- About this Agreement (the “Agreement”): The Member is referred to as “you” or “the Member” and Buzzfit Inc. is referred to as “us”, “we” or “Buzzfit”. This Agreement is legally
enforceable. This document contains the entire agreement between us. There are terms and conditions on the reverse. Please read everything carefully .
- Our Responsibilities: By signing this Agreement we accept you as a Member of our health, fitness, and wellness facility (“the Facility”). You will have the right during the term to use the
facilities and services which you have purchased during our posted hours of operation. “Facility” includes the Club at the address above, and any affiliated Buzzfit location which you are entitled to access under your permitted reciprocity rights. The facilities and services which you have purchased are access to the Facility including but not limited to use of a) cardiovascular equipment, b ) strength training equipment, and c) washroom/change room facilities.
- Your Responsibilities: By signing this Agreement you agree: a) 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; b ) to all of the terms and conditions which are set out in this Agreement, c) to follow our rules and regulations (“Rules”) which may be posted at the Facility
from time to time; and d) to immediately notify us of address changes and of any other personal information changes.
- Pre -Authorized Payment Agreement: Payer listed below (“Payer”) agrees to pay the Fees BiWeekly and authorizes Buzzfit to present treatment of each payment and our rights to it,
shall be the same as if it were personally signed by Payer if more than one. The pre –authorized payment shall be drawn on Payer’s account to cover all Fees including membership
fees. Payer has certain recourse rights if any debit does not comply with this Agreement. For example, Payer has the right to receive reimbursement for any debit that is not authorized
or is not consistent with this PAD (Pre–Approved Debit) Agreement. To obtain more information on your recourse rights, contact your financial institution or visit https://www.paiements.
ca/. Please note that the first pre- authorized payment may occur less than 10 days from the start of this agreement. Subject to your statutory cancellation rights set out below under
the ‘Additional Terms’
- Dishonored Cheque Charge: Returned payments and any late charges will be automatically charged to Payer’s bank account. We will apply an administration fee up to the maximum
amount permitted by law, including our costs and expenses, whichever is less, to returned payments. By signing this Agreement, you are allowing us to reattempt Pre-Authorized
Payments in the event of a Dishonored Dues.
- Your rights under the Consumer Protection Act, 2002 are found below under the title of “additional Terms”.
I, the Member, have carefully read both pages of this Membership Agreement. I have been given a copy of it. 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.
ADDITIONAL TERMS
*Any term contract cannot last for a period greater than 12 payments
«Clause required under the Consumer Protection Act
The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached here to or another notice in writing for that purpose to the merchant. If the consumer has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to one-tenth of the duration prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such period shall begin at the time the merchant starts to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total prescribed in the contract. This contract is cancelled, without further formality, upon sending of the form or notice. Within ten (10) days following the cancellation of his contract, the merchant must restore to the consumer the money owed. It is in the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act and, when necessary, to communicate to the Office de la Protection du Consommateur”
- 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 including any illness or medical condition. Please raise any concerns about starting an exercise or fitness program with your physician before using the Facility. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge Buzzfit, including its owners, officers, directors, agents, employees or independent contractors (“us”), from any and all claims or causes of action (known or unknown) which you 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) to 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. We, Buzzfit, are not responsible for any damage to, loss or theft of your personal property.
- Cancellation of this Agreement: In addition to your rights above, this Agreement may be cancelled by visiting the Facility and completing a cancellation form, or by delivering notice of cancellation by registered mail with proof of delivery to the address set out on the reverse by the first of the month. Phone, Email, fax or verbal cancellations are not accepted. The member accepts to pay any balance owed on the account before proceeding with the cancellation. Each Member is responsible for cancellation of his or her own membership, notwithstanding that the Member may not be the Payer. To avoid the annual Maintenance Fee, the cancellation notification in writing or in person must be received 10 days prior to its due date. If this membership contract has a 12-payments minimum term commitment and you wish to cancel prematurely a $59.99 + taxes penalty fee is applicable for your cancellation.
- Changes in Fees: You agree that we may notify you at any time that we propose to change the Fees by sending you notice in writing at the last address or e¬mail address provided by you to us. You may advise us in writing if you accept our proposed change. If you do not accept the proposed change we may, if we choose, terminate this Agreement with 10 days written notice to you. All government taxes are in addition to and will be automatically added to all payments. We reserve the right to charge extra for any new or additional services or equipment. You will need to complete a written change agreement if you wish to use new services or equipment.
- Buzzfit Membership Cards and Access: We will issue you a membership card (the “Card”). You need it to enter the Facility and will not be able to enter without your card. The Card belongs to Buzzfit and is for your personal use only. If anyone else uses it we may cancel your membership immediately with no refund. We will charge a fee of $5.00 for replacement of lost, stolen or destroyed Cards.
- Guests: Guest privileges are available during hours that the Facility is staffed, and subject to a guest policy and payment of guest fees which may change from time to time. It is your responsibility to ensure that your guest complies with this Agreement and with all our Rules. Please ask our staff for details.
- Reciprocity: All PIF members with a Fit or Buzz Card have access to one branch only. For more information, please speak to one of our team members.
- Rules and Regulations: Our Rules may be posted in the Facility. 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 or your guest 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 be suspended 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 or your guest if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).
- IF APPLICABLE: The WEEKEND FIT membership allows you as a Member to access your Buzzfit club as of Thursday 0:00 am until Sunday 11:59 pm, for 26 consecutive payments upon signing your membership agreement. It is important to note that if you cancel before the expiration of your agreement, there will not be any refund, or any form of compensation that will be provided.
- Reservation of Rights: We reserve the right to refuse or cancel any membership without cause. 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. Equipment is available based on sufficient demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period.
- Independent Contractors: The services of independent contractors may be available through the Facility. We do not warrant or guarantee the quality of these services or that they will be continuously available. Please ask our staff for details.
- Prepayment: You may prepay any unpaid balance owing under this Agreement at any time. The unpaid balance includes any unpaid Fees or charges assessed prior to payment.
- Payments: We apply all payments in this priority: a) any amounts owing from a previous Membership Agreement; b) BiWeekly or Annual Fees and charges as they become due. We do not assess additional late charges on existing unpaid late charges.
- Payment Obligations Absolute: You are obligated to pay us all Fees owing or falling due under this Agreement. We will not reduce, discount or cancel your obligation because you do not use the Facility.
- Warranty: We warrant that the services supplied under this Agreement are of a reasonably acceptable quality but otherwise make no warranty or guarantee regarding the facilities and services that will be available to you under this Agreement.
- Default: If you breach any terms and conditions of the 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 will or may assess a late charge to 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.
- Privacy Policy: You acknowledge that you have had an opportunity to review the Buzzfit Privacy Policy or that it has been made available to you.
- Telecommunications: From time-to-time Buzzfit may contact you directly by telephone, mobile or fax number or e-mail address for the purpose of sending you renewal or other notices, obtaining your feedback on our facilities and services, and of marketing (including telephone and e-mail marketing and automated telephone messages) of goods, services and special offers that may be of interest to you. By signing this Agreement, you consent to receiving such communications. Please ask our staff if you wish to withdraw this consent.
- No Verbal Agreements: There are no promises, representations, understandings and/or agreements between us other than this Agreement. Any changes must be in writing, signed by both you and Buzzfit. 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. Additions or deletions by you to any printed portion of this Agreement are null and void.
- Assignment by Member: This Agreement is personal to you. You may not assign or transfer this Agreement to anyone else. Any attempt to sell, assign, or transfer this Agreement is null and void and may result in cancellation of your membership immediately without any refund.
- Assignment by Buzzfit: We may assign this Agreement to another company or person at our discretion, and the term “ Buzzfit “ 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 defenses available to us under this Agreement. Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
- Severability of Provisions: The provisions of this Agreement are severable. This means that if a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose not to apply or enforce a particular provision at any time, we still have the right to enforce or apply that provision in the future.
- Governing Law: This Agreement is governed by the laws of Quebec and the laws of Canada applicable therein.
