EFT AUTHORIZATION: I authorize Discover Fitness/Discover Performance Inc to initiate a charge for my dues and purchases to the bank account or credit card I have provided. This authorization is to remain effective until Discover Fitness/Discover Performance Inc. has collected for all charges assessed in connection with the terms and conditions of this agreement.
24 HOUR ACCESS: 24 hour access will permit a member to enter the facility outside of normal business hours, by way of key fob. The key fob assigned to you will be your responsibility and cannot be shared with anyone. If lost, you must pay for a replacement ($20 + HST) key fob. During your access after hours, you will not allow any other person into the facility with you; this will be considered trespassing and the fitness centre may take legal action against you/your guest. You agree to maintain gym etiquette, by replacing equipment back into its proper place after use. This includes taking plates off bars and placing dumbbells back on racks. If a member is found to not abide by the rules of the facility, the 24 hour access may be revoked, along with the membership, without refund. All members under the age of 18 will not be issued a key fob.
ANNUAL MEMBERSHIP: A member who has entered into an annual membership, in consideration thereof and notwithstanding any of the terms and conditions of this Agreement, shall be liable for dues and services for the full one year term of this Agreement in the amount as stated herein regardless of usage. No refunds will be issued for unused time of a membership paid in full.
ADMINISTRATION FEE: An administration fee of $29.99+HST will automatically be added to the 26th payment each year to cover administration fees.
MEMBERSHIP CANCELLATION: If the agreement is cancelled before the 12 month term is up, there will be a $149.99 + HST cancellation fee. Requests to cancel a membership which has changed to month-to-month status must be received a minimum of two weeks (fourteen days) prior to the next scheduled payment. In both cases, any payments that are expected to be paid within two weeks (fourteen days) of cancellation requests will be processed.
COLLECTION OF FEES: Members will be liable for any collection fees, reasonable attorney fees, court costs, collection agency fees and all other expenses incurred by the fitness centre in collection of an overdue account. Any member whose account remains unpaid thirty (30) days after the date charged may, at the discretion of the fitness centre, have their membership privileges terminated.
POLICIES: Member agrees to conform to and be bound by the policies of the fitness centre, as they may be amended from time to time. Membership does not confer any ownership of the fitness centre property or assets. Discover Fitness/Discover Performance Inc. reserves the right to terminate this Agreement at any time, with or without notice, and will refund any unused portion or prepaid fees collected on behalf of this Agreement. Memberships may not be shared. Failure to abide by this policy shall result in immediate termination of the membership without a refund.
MEMBERSHIP TRANSFER: Member may transfer his or her membership to another qualified person by payment of a $50.00 transfer fee to the fitness centre. Discover Fitness/Discover Performance Inc. or any of its successors or assigns may freely transfer the benefits and obligations under this Agreement.
LIABILITY WAIVER: All exercise and participation is done at the risk of the member and the fitness centre is not liable for theft, loss of personal property or injury including bodily injury or death. Member acknowledges that the fitness centre will not accept responsibility for theft or damage to any personal property. The fitness centre suggests that members do not bring valuables into the premises. In consideration of this membership Agreement, member hereby assumes all risks associated with the use of the fitness facility and waives all rights, and rights of members, guest, heirs, administrators, executors, successors and assigns and herby agrees to release the operator, building owner, building manager, any of their affiliates and the fitness centre from any indemnity such parties against any and all claims, including but not limited to personal injury including bodily injury and all property damage whether or not based on the acts or omissions of the fitness center arising out of or in any way connected with the use of the fitness facility by member, member’s guests or invites. As used herein, the words “fitness centre” means Discover Fitness/Discover Performance Inc. and their direct or indirect owners, operators, successors, assigns, employees, officers, directors, shareholders, agents and all persons, corporations, partnerships and other entities with which they are or may in the future become affiliated. Any party benefited by the terms of this liability waiver shall be entitled to rely on and enforce such term. The name of the fitness centre may change from time to time for business reasons, and will not at all release or amend a member’s obligations under this Agreement. The terms and conditions contained herein along with the policies constitute the full Agreement between the fitness centre and the member and no oral promises made are a part of it.
PHOTOGRAPHY/VIDEO RELEASE: Participants involved in any activity offered by Discover Fitness/Discover Performance Inc. may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without consent or compensation on the DF/DP website or in any editorial, promotional or advertising material produced by the company.
By signing below, I agree to/accept all of the terms and conditions set forth in this entire Agreement. If member is under the age of 18, a parent/legal guardian must sign this Agreement.
In the event of a forced closure due to unforeseen circumstances, including but not limited to government issued lockdowns, closures, limitations in operations and/or other disturbances to our regular operations, membership fees will continue to be collected unless a request to cancel is made by the member.
