1. Term

This Agreement commences from the Supply Date and continues for a 12‑month term (the “Term”) following the Supply Date. The Member agrees that by signing this Agreement, the Member consents and directs Mountain Fitness to renew this Agreement on the 11th month following the Supply Date, on the same terms and conditions herein set out except that the Term shall be monthly, until the earlier of a new Agreement or Term is agreed by Mountain Fitness, or the Member provides thirty (30) days' written notice of cancellation of this Agreement.

2. Services

In consideration of payment of the initiation and membership fees (the ''Membership Fees") set out on page 1 hereof, Mountain Fitness agrees to provide to the Member non‑exclusive use and access to Mountain Fitness's fitness facility at the address set out on page 1 hereof (the “Facility”) and use of Mountain Fitness's gym equipment and machinery without limitation during Mountain Fitness's standard business operating hours. The Member acknowledges and agrees that Membership Fees paid by the Member do not entitle the Member to ancillary services including, but not limited to, personal training, fitness classes, and nutrition/wellness coaching (collectively, the "Ancillary Services"). Ancillary Services are available to Members at an additional cost from Mountain Fitness.

3. Member Notice

This is a binding Agreement between Mountain Fitness and the Member. Each party to this Agreement is expected to perform its obligations fully and faithfully. Where a Member is unable to perform his or her obligations, please refer to page 4 of this Agreement for circumstances by which cancellation of this Agreement will be considered by Mountain Fitness.

4. Fees

The Member agrees to pay to Mountain Fitness all fees, including Membership Fees and Ancillary Services fees, as and when due, without deduction or set‑off. Mountain Fitness reserves the right to modify its fees from time to time, provided it has posted notice at its Facility at least 30 days in advance of any proposed fee change. If Mountain Fitness prescribes a fee change, such change shall only be effective upon the Member's remaining payments to Mountain Fitness and shall not be retroactive. The Member authorizes Mountain Fitness to debit the Member's bank account or credit card set out in Schedule C for all fees, taxes, dishonoured payment fees ($20.00 per occurrence), and late fees ($20.00 per occurrence). The member authorizes Mountain Fitness to debit the member’s bank account or credit card to an annual Club Enhancement Fee ($39.99).

5. Rules and Regulations

The Member acknowledges and agrees with Mountain Fitness that the Facility brings together a community of interests. To balance the interests of its Members, Mountain Fitness has Facility rules and regulations, attached as Schedule A, which relate to conduct between Members and conduct between the Member and Mountain Fitness. The Member agrees to conduct himself or herself respectfully at all times while using the Facility. The Member acknowledges being made aware of Mountain Fitness's rules and regulations and agrees to strictly comply with same. The Member further acknowledges and agrees that Mountain Fitness may from time to time, and at any time, amend or adopt its rules and regulations in its sole discretion. For greater clarity, Mountain Fitness may, at any time, and for any reason alter its hours of operation, or add, modify and/or eliminate any program, facility, activity, class or service.

6. Termination of Membership Agreement by Mountain Fitness

Mountain Fitness may terminate this Membership Agreement at any time without notice should a Member fail to observe Mountain Fitness' rules and regulations, fail to pay fees, or for any reason whatsoever in Mountain Fitness' sole discretion. In such event, Mountain Fitness shall refund the prorated Membership Fees in accordance with the Business Practices and Consumer Protection Act (the “BPCPA”).

7. Scheduled Sessions

Fees for Ancillary Services are due and owing upon booking and are non-refundable. A Member may cancel Ancillary Services sessions by providing twenty‑four (24) hours' advance notice to Mountain Fitness and such sessions may be may be rescheduled to a date that is no later than sixty (60) days after the cancelled session. Cancelled sessions may only be rescheduled once.

No refunds or credit will be given for any rescheduled sessions not completed within 60 days or any sessions cancelled with less than 24 hours' advance notice.

8. Use of Facility and Release/Waiver of Liability

The Member acknowledges and agrees that his or her use of the Facility, including the use of all equipment and services provided by Mountain Fitness, is subject to risk. The Member acknowledges accepting the risk and acknowledges being medically cleared for participation in an exercise regimen. Mountain Fitness shall not be responsible for any adverse event occurring to a Member, directly or indirectly, relating to the use of the Facility or of any equipment or services provided by Mountain Fitness. The Member acknowledges each of the below paragraphs and agrees to voluntarily sign a Release, Waiver and Assumption of Risk Agreement, attached as Schedule B, with Mountain Fitness before using the Facility. This article and the attached Release, Waiver and Assumption of Risk Agreement will survive any cancellation or termination of this Agreement.

The Member acknowledges and agrees with each of the following:

(a) There are inherent risks in participating in a program of strenuous exercise. Consequently, I, the Member, have been examined by a physician of my choice and have obtained his/her approval for my participation in a program within sixty (60) days prior to the Supply Date. No change has occurred in my physical condition since the date approval was given that may affect my ability to participate in a fitness program. If I have not been examined by a physician, I agree to be examined by a physician within sixty (60) days of the Supply Date to obtain his/her approval for my participation in a fitness program. I agree to release Mountain Fitness and its owners, agents, officers, employees, and representatives from any and all liability, claims or causes of action which are or may be incident to, or arise from my participation in Mountain Fitness' programs and services or my attendance at the Facility. This release shall be binding upon my heirs, executors, administrators and personal representatives.

(b) I certify that the answers to the questions contained in the Physical Activity Readiness Questionnaire ("PAR‑Q") are true and complete to the best of my knowledge. I acknowledge that medical clearance is required if I have answered "Yes" to any of the questions on the PAR‑Q. I understand and agree that it is my responsibility to inform my personal trainer of any conditions of or changes in my health, now and ongoing, that may affect my ability to safely participate in an exercise program, and within minimal risk of injury.

(c) I am not obligated to perform or participate in any activity that I do not wish to, and I may refuse to participate at any time during my personal training sessions. I understand that should I experience any pain or discomfort, or become light‑headed, faint, dizzy or nauseated, I must cease participating in the activity and inform my personal trainer immediately.

(d) I authorize Mountain Fitness to release my personal information, including my name, address, phone number, date of birth and any other information, to emergency services personnel in the event of a medical emergency.

(e) Mountain Fitness bills its personal training Members on a pre‑pay basis and payment must be made before sessions are conducted. Cash, debit, credit card or cheques made payable to "Mountain Fitness Center Inc.". are all accepted. I understand that all personal training sessions are non‑transferrable and non‑refundable except in strict compliance with the BPCPA and the Consumer Contracts Regulation of British Columbia.

(f) Mountain Fitness operates on a pre‑scheduled appointment basis for all private personal training sessions. Mountain Fitness requires that I provide 24 hours' advance notice when cancelling a session and sessions cancelled with such notice may be rescheduled to another date that is no more than 60 days following the cancelled session. If I cancel a session with less than 24 hours' prior notice or if I do not complete my rescheduled session within 60 days, I will be charged in full for the cost of that session.

(g) All private personal training rates are based on 60‑minute sessions. I understand that if I arrive late, then I may not receive and Mountain Fitness will not be obligated to provide the full session with my trainer.

(h) During a personal training session, my trainer may be required to use "Touch Training" to correct alignment and/or to focus my concentration on a particular muscle area to be targeted. If I feel uncomfortable or experience any type of discomfort with Touch Training, I will immediately request that my trainer discontinue using this technique.

(i) I understand that the results of any fitness program cannot be guaranteed and my progress depends on my effort and cooperation in and outside of the sessions.

(j) The use of any nutritional supplements is done under my own will and has not been recommended by my trainer.

(k) Should my trainer be unavailable for my session, another trainer will be assigned to me. I further understand that in the event that my trainer is no longer employed by Mountain Fitness, Mountain Fitness will re‑assign another personal trainer to oversee my program and workout sessions.

9. Non‑Transferability of Membership and/or Member Privileges

This Agreement and any rights or privileges granted to the Member by this Agreement may not be transferred or assigned. The Member acknowledges that personal training sessions and access fobs provided by Mountain Fitness for identification purposes ("Access Fobs") are non‑transferrable. The Member is prohibited from loaning, selling, assigning, or transferring personal training sessions or Access Fobs to any third party(ies) and any attempted assignment or transfer shall be null and void. Mountain Fitness reserves the right to revoke Access Fob(s) and/or personal training sessions. Access Fobs remain property of Mountain Fitness and the Member must surrender the Access Fobs to Mountain Fitness upon termination or cancellation of this Agreement. The foregoing does not limit Mountain Fitness' right to assign all of its rights, interests and obligations pursuant to this Agreement to a third party without the consent of the Member.

10. Member’s Right to Cancel

The Member may not cancel this Agreement except as provided herein.  

(a) The Member may cancel this Agreement by giving a notice of cancellation (the “Notice”) in the following circumstances:

10 Day Cancellation Period

(i) The Member may cancel this Agreement without reason, by giving Notice to Mountain Fitness not later than ten (10) days after the day that the Member received a copy of this Agreement.  Such Notice shall be effective notwithstanding that the notice was received by Mountain Fitness after the 10 day period; or

After the 10 Day Cancellation Period

(ii) The Member may cancel this Agreement at any time pursuant section 25(2) of the BPCPA if the Member experiences a material change in either the Member’s circumstances or in Mountain Fitness' services, as defined in sections 25(3) and 25(4) of the BPCPA.

(b) For a Notice to be effective, it must be in writing and be delivered to Mountain Fitness' address above by a method that will allow the Member to prove delivery of such Notice. The Member may give Notice by registered mail, facsimile, electronic mail, or personal delivery.  For a Notice under section 10(a)(ii) of this Agreement, the Member shall provide its reason for cancellation and Mountain Fitness reserves the right to request documentation substantiating the Member’s reason for cancellation.

(c) No refunds shall be made under this Agreement except as specifically provided herein:

(i) For cancellations due to a material change in the circumstances of the Member as defined in 25(3) of the BPCPA, Mountain Fitness will, within fifteen (15) days of its receipt of the Notice, refund unused Membership Fees less an administrative fee of thirty (30%) percent, as prescribed by the Consumer Contract Regulation; or

(ii) For cancellations due to a material change in the services provided by Mountain Fitness as defined in 25(4) of the BPCPA, Mountain Fitness will, within fifteen (15) days of its receipt of the Notice, refund unused Membership Fees.

11. Entire Agreement

This Agreement and attached Release, Waiver and Assumption of Risk Agreement represent the complete understanding between the Member and Mountain Fitness. No representations, written or oral, other than those contained within this Agreement are authorized by or binding upon Mountain Fitness.

12. Severability

If any provision or portion of this Agreement is declared void and unenforceable, then such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.

13. Governing Law

This Agreement shall be governed and enforced in accordance with the laws of the Province of British Columbia. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, the Member agrees that the venue for such action shall exclusively be Vancouver or New Westminster, British Columbia, such venue to be elected at the sole discretion of Mountain Fitness.

I certify that I have read the Agreement in its entirety and agree to all terms and conditions outlined herein.
 

SCHEDULE A

FACILITY RULES AND REGULATIONS

The Member agrees to abide by all rules, regulations and privileges outlined herein and posted throughout the Facility and all related centres. Failure of the Member to abide by the following rules contained herein and on signage throughout the Facility may result in revocation of this membership and applicable penalties and fees. Mountain Fitness reserves the right to amend any of its rules and regulations at any time.

Sign In

The Member must sign in and/or check in and present the Access Fob each time upon attending the Facility.

Attire

Appropriate exercise clothing and footwear are required at all times while the Member is using the Facility.

Lost or Stolen Articles

Mountain Fitness is not responsible for lost or stolen articles. The Member hereby waives and releases Mountain Fitness from any claims the Member may have against Mountain Fitness with respect to any loss, theft, or damage to the Member's personal property. Locks and locker contents may not be left at any Facility overnight. For safety reasons, the Member may not bring work out bags to the exercise floor.

Safety

The Member will immediately report to an employee of Mountain Fitness any suspicious or unauthorized activity at the Facility.

Penalties

Any violation of Mountain Fitness' Rules may result in fines and/or termination of membership without notice to the Member.

Refusal of Services

The Member agrees not to use any of the Facility or services while having any open cuts, abrasions, open sores, infections or illness and Mountain Fitness reserves the right to use its discretion to refuse services to the Member in these circumstances.

SCHEDULE B

RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT

This is a legal document. Please read it carefully.

In consideration of my permission to use the facilities, premises, equipment, fitness machines, services, and/or programs offered by Mountain Fitness Center Inc.. (“Mountain Fitness"), I agree to the following Release, Waiver and Assumption of Risk Agreement (the "Release").

I understand that I am required to follow all instructions and rules for safe participation and that the sole responsibility for my personal safety remains with me. I expressly acknowledge that, while using Mountain Fitness' Facility and all services provided by Mountain Fitness, I will be engaging in physical exercise which involves risks of injury to persons and property. Such risk of injury includes, but is in no way limited to: injuries arising from my use of exercise equipment and machines; injuries arising from my participation or that of others in supervised or unsupervised activities or programs at Mountain Fitness' Facility; injuries such as wounds, sprains, torn and pulled muscles and ligaments, broken bones, and head, back, neck, and foot and other injuries to my body; medical disorders arising from exercising at Mountain Fitness' Facility, such as heart attacks, strokes, and heat stress, among others; and accidental injuries occurring anywhere in Mountain Fitness' dressing rooms, showers, and other related facilities.

I, for myself, my heirs, executors, administrators, personal representatives and anyone else who may claim on my behalf, hereby agree to forever indemnify and hold harmless, release and forever discharge Mountain Fitness, its affiliates, officers, agents, directors, employees, shareholders and landowners ‑ in both their official and personal capacities ‑ from any responsibility and from any and all liability, present and future claims, demands, losses, actions, causes of action or damages on account of personal injury, death, or damage to property arising out of, incurred in connection with, or related in any way to Mountain Fitness or its representatives.

I warrant and represent that I am in good physical condition and have no disability, illness, disorder, impairment or other condition that could prevent me from exercising without injury or impairment of health. I further acknowledge that it is my responsibility to bring to Mountain Fitness' attention any special circumstances (i.e., prior injury, existing or future medical or physical condition) that may influence the activities being designed for me by Mountain Fitness.

I acknowledge that I have either undergone a physical examination by a duly licensed physician and that I have been given my physician's permission to participate in physical exercise activities or have decided to voluntarily engage in physical activity and use Mountain Fitness' Facility without having such permission and understand the risks attendant to my participation.  I assume full responsibility for such risks, including any risks not foreseeable at this time.

I hereby authorize Mountain Fitness to release my personal information, including my name, address, phone number, and any other information, to emergency services personnel in the event of a medical emergency.

I certify that I have read this legal document in its entirety, I understand all of its terms and conditions and I have had the opportunity to ask any questions I may have about this document.