TERMS AND CONDITIONS
- AGREEMENT: The MEMBER refers to you as the person named as the MEMBER on this Agreement and IFH refers to International Fitness Holdings LP. This Agreement constitutes the entire agreement between the MEMBER and IFH regarding the terms and conditions of membership with IFH (as hereinafter defined).
- IFH OBLIGATONS: By signing this Agreement IFH accepts the MEMBER as a member of its online community. The MEMBER shall have the right to receive remote coaching at the frequency defined by the product purchase, subject to the terms and conditions set out herein.
- MEMBER OBLIGATIONS: By signing this Agreement the MEMBER agrees: (a) to pay all Dues payments indicated in this Agreement (“Bi-Weekly Dues”), fees and any other sums specified in this Agreement and any other agreements between MEMBER and IFH (eg Personal Training, Nutrition Consulting, and Registered Programs) (collectively the “FEES”) when due, irrespective of the amount of use the MEMBER receives; (b) to all of the terms and conditions set out in this Agreement; (c) to follow IFH Rules and Regulations (as hereinafter defined); and (d) to immediately notify IFH of changes to their address, changes to pre-authorized methods of payment, or any other changes to personal information.
- BUYER/GUARDIAN: By signing this Agreement the Buyer or Guardian agrees: (a) to be bound by this Agreement; (b) to bind the MEMBER under the age of 18 to this Agreement; (c) that the MEMBER is at least 13 years of age.
- CHANGE IN MEMBERSHIP DUES: The amount of the bi-weekly dues may be adjusted annually without notice for so long as this Agreement shall be in effect by a factor not exceeding the greater of either: (a) 10% of the amount of the yearly dues; or (b) the rate of inflation existing during the period from the last such adjustment from the date hereof, as shown by Statistics Canada for the City of Calgary in the Province of Alberta.
- RISK AND LIABILITY:
- It is understood and agreed by the MEMBER that its use of any IFH Facility and the participation in any remote programs is voluntary and the MEMBER assumes all risks of accident or damage to their person or others and any loss thereof. The MEMBER assumes any risk for any GUEST they allow or cause to attend the facilities of IFH. It is further understood and agreed by the MEMBER that IFH and its affiliates, officers, directors, employees, servants, agents, licensees, independent contractors and any other personnel of any kind (collectively, “Personnel”) are not liable or responsible to the MEMBER or GUEST(s) for any losses, injuries including illness, disability or death, or property damage which the MEMBER or GUEST may sustain as a result of utilizing the IFH Facility or participating in any activity of any kind operated by IFH at any of its locations or elsewhere, no matter how such damage, injury, illness, disability or death is caused, and no matter whether caused by negligence of IFH or otherwise. In no event shall IFH or its Personnel be liable for special, incidental, indirect or consequential damages, however caused and such limitations apply for any claims, including without limitation, contract, tort, including negligence and strict liability even if IFH or its Personnel have been advised of the possibility of such damages.
- The MEMBER agrees to release, indemnify and hold IFH and its Personnel harmless from and against all claims or liability relating to any losses, injuries including illness, disability or death, or property damage which the MEMBER or GUEST may sustain as a result of utilizing the IFH Facility or participating in any activity of any kind operated by IFH, including remote fitness, including payment of all damages, expenses, cost or legal fees, whether such claims or liabilities be based upon negligence on the part of IFH or its Personnel.
- The MEMBER acknowledges the MEMBER or GUEST is responsible for their health and gauging their activity accordingly. The MEMBER or GUEST should immediately stop any exercise or sports activity if they feel faint, dizzy, nauseous, short of breath, or experience pain. Any concerns about starting or continuing a fitness program should be discussed with the MEMBER’s physician.
- CANCELLATION OF AGREEMENT BY THE MEMBER: The MEMBER may terminate this Agreement by logging into their account and cancelling their subscription.. Agreement shall be terminated with no further notice required by the MEMBER to IFH. THE MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE NON-REFUNDABLE FEES LISTED ON THIS AGREEMENT ARE ABSOLUTELY NON-REFUNDABLE, NONCANCELABLE, AN NON-TRANSFERABLE.
- TERMINATION OF THE AGREEMENT BY IFH: IFH Management reserves the right to terminate this Agreement if the MEMBER or GUESTS of the MEMBER: (a) violates any of the Rules and Regulation; (b) causes a nuisance or disturbance; (c) if IFH considers any of the MEMBER’s actions, (i) endanger the MEMBER, IFH Personnel or the other MEMBERS, (ii) interferes with the enjoyment of the other MEMBERS, or (iii) disrupts IFH Personnel in carrying out their duties, or (d) if the MEMBER is in default of payments of any FEES for a period of more than 30 days. In case “d” above payment in full of any FEES outstanding by the MEMBER this Agreement will be reinstated for the duration of the term. The MEMBER shall be liable for all FEES and other indebtedness accrued prior to the date of the termination and any Bi-weekly Dues remaining on the term are immediately due and payable.
- NON-SUFFICIENT FUND (NSF) FEES AND COLLECTIONS COSTS: The MEMBER shall pay to IFH a service charge for any cheque returned to IFH unpaid or for any funds that cannot be obtained from the MEMBER’s bank account or credit card as indicated on the MEMBER’s Pre-Authorized Debit (PAD) Agreement. A Statement Fee will be added to all dues fees if the MEMBER fails to maintain a valid PAD Agreement with IFH. As of January 1, 2013, NSF and Statement fees are currently posted at $15 and $8/bi-weekly, respectively. IFH reserves the right to increase these fees over time to an amount not exceeding the MEMBER’s Bi-Weekly Dues.
- COLLECTION COSTS: IFH shall be entitled to all costs of collection, including reasonable legal fees in the event of any default herein. The failure to demand or collect any payment due under the terms of this Agreement shall not be deemed a waiver of the right to collect payment.
- ASSIGNMENT: IFH at its sole discretion may assign this Agreement in whole or part, including any additional Agreement amendments and alterations to this Agreement, to any other person, including but not limited to an individual, partnership, association, or body corporate. Without prejudice to IFH’s rights, the MEMBER’s payment obligation herein may be assigned by IFH to any person, an affiliated company, or any bank finance company, collection agency or similar institution. This Agreement is not transferable or assignable by the MEMBER.
- GOVERNING LAW: This Agreement is governed by the laws of the Province of Alberta.
I acknowledge receipt of a copy of this Agreement, that I have read and understood its terms and conditions and agree to be bound by those terms and conditions. I acknowledge this document to be the complete Agreement and that no verbal promises or representations form a part of this Agreement.