Terms of Service
CAMPS, PARTIES, AND ANY OTHER KIDS SERVICES
Please be advised that all Kids Services (camp, group bookings, parties, etc.) cancellations made up to 30 days before the scheduled start date will be processed without a penalty. Cancellations made up to 15 days before the scheduled start date will be processed with a penalty of that equates to 30% of your purchase.
There are no refunds for services cancelled within 14 days of the service. You can request a credit for other services.
MEMBERSHIPS & CLASS PASSES
CLASS PASSES
- You have 1 year from purchase to use your class passes.
- If your class passes expire, you may re-activate them for a fee of $20.
- Class passes can not be shared and can only be used by the class pass account holder.
MEMBERSHIP INFO
- A sign-up fee of $60 is deferred and only charged in the event a membership is cancelled before 3 billing cycles (12 weeks).
- You can freeze your membership for a minimum period of four weeks and a maximum of eight weeks per calendar year. A suspension form must be completed in person at the City Fit Shop at least 7 days before the period requested and cannot be back dated. There is a $15 fee per suspension.
- You must complete a cancellation form in-person at City Fit Shop to cancel your membership. Verbal or written requests will not be accepted. There is a 7 day cancellation policy. If the membership cancellation is requested less than 7 days before the next autopay you will be charged for the next billing cycle and have 4 weeks of classes to complete.
- ALL Memberships will continue on a month-to-month basis after any term. You must submit a cancellation request to terminate the membership.
- All classes must be used in their respective billing cycle. You cannot carry-over classes into new billing cycles. Once the new billing cycle starts, the classes from the previous billing cycle expire.
FULL MEMBERSHIP TERMS & CONDITIONS
- AGREEMENT: The MEMBER refers to you as the person named as the MEMBER on this Agreement and City Fit Shop refers to City Fit Shop Inc. This Agreement constitutes the entire agreement between the MEMBER and City Fit Shop regarding the terms and conditions of membership at the City Fit Shop Facility (as hereinafter defined).
- CITY FIT SHOP OBLIGATONS: By signing this Agreement and by issuing a membership to the MEMBER, City Fit Shop accepts the MEMBER as a member of its facilities (the “City Fit Shop Facility”). The MEMBER shall have the right to use the City Fit Shop Facility, subject to the terms and conditions set out herein where City Fit Shop Facility means the location(s) listed in this Agreement under Membership Type. A list of the locations included in the Membership Type is available at any location and is subject to change without notice.
- MEMBER OBLIGATIONS: By signing this Agreement the MEMBER agrees: (a) to pay all Dues payments indicated in this Agreement, fees and any other sums specified in this Agreement and any other agreements between MEMBER and City Fit Shop (eg Personal Training, Nutrition Consulting, and Registered Programs) (collectively the “FEES”) when due, irrespective of the amount of use the MEMBER makes of the City Fit Shop Facility; (b) to all of the terms and conditions set out in this Agreement; (c) to follow City Fit Shop Rules and Regulations (as hereinafter defined); and (d) to immediately notify City Fit Shop 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 under the age of 12 must be accompanied in the City Fit Shop Facility by a parent or guardian and supervises all activities in the facility.
- CHANGE IN MEMBERSHIP DUES: The amount of the dues may be adjusted annually with 28 days written notice. If the Member wishes to terminate this Agreement as a result of the increase in the installment amount, the Member must notify City Fit Shop in writing within 28 days of the date of the written notice sent by City Fit Shop. The Agreement will be terminated upon receipt of this notice. If the Member does not notify City Fit Shop of its intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the installment amount will be deemed to be accepted by the Member.
- MEMBERSHIP ACCESS: MEMBERS must sign in with staff on every visit. City Fit Shop has the right to require a second form of identification from the MEMBER if deemed necessary. The MEMBER agrees and acknowledges that use of their membership by anyone other than the person named herein is prohibited and their facility access will be rescinded. The MEMBER also agrees that if they allow anyone else to use their membership they will pay a $100.00 fine and the MEMBER shall be suspended from use of the City Fit Shop Facility and programs for a period of one (1) month.
- RULES AND REGULATIONS: All rules and regulations which (i) are in the new member package delivered concurrently with this Agreement, (ii) are contained in this Agreement and (iii) may be posted at the City Fit Shop Facility or website from time to time (collectively, the “Rules and Regulations”), and privileges of membership, including but not restricted to facilities, services and hours of operation are subject to change without notice, in the sole and absolute discretion of City Fit Shop. Any such changes to the Rules and Regulations do not affect this Agreement or release the MEMBER from any obligation herein.
- RISK AND LIABILITY:8.1 It is understood and agreed by the MEMBER that its use of the City Fit Shop Facility and the participation in any 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 City Fit Shop. It is further understood and agreed by the MEMBER that City Fit Shop 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 City Fit Shop Facility or participating in any activity of any kind operated by City Fit Shop 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 City Fit Shop or otherwise. In no event shall City Fit Shop 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 City Fit Shop or its Personnel have been advised of the possibility of such damages.8.2 The MEMBER agrees to release, indemnify and hold City Fit Shop 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 City Fit Shop Facility or participating in any activity of any kind operated by City Fit Shop, including payment of all damages, expenses, cost or legal fees, whether such claims or liabilities be based upon negligence on the part of City Fit Shop or its Personnel.8.3 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.
- USE OF FACILTIES: In order to ensure the City Fit Shop Facility is properly maintained, City Fit Shop reserves the right to temporarily close the City Fit Shop Facility for not more than two weeks at any time during the year. The City Fit Shop Facility may be closed on legal holidays. The City Fit Shop Facility shall not be closed for more than 10 days per calendar year for open house tours or other promotions.
- MEMBERSHIP FREEZES/SUSPENSIONS: Suspensions are available for a minimum period of four weeks and a maximum of eight weeks per year. A suspension form must be completed in person at the City Fit Shop at least 7 days before the period requested and cannot be back dated. A fee of $15.00 applies to suspend your membership and is payable in advance on pre-paid memberships and non-direct debit clients. Direct debit clients will have their suspension fees directly debited. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the installments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
- CANCELLATION OF AGREEEMENT BY THE MEMBER: The MEMBER may terminate this Agreement as follows: (a) DUES MEMBERSHIP: After the expiration of the agreed membership term, the MEMBER may terminate this Agreement by completing a cancellation form 7 days prior to their next billing date, within any City Fit Shop Facility. Phone, facsimile, e-mail or verbal cancellations are not accepted. No further charges shall accrue after such cancellation, however, the MEMBER shall be liable for all FEES and other indebtedness which accrued prior to receipt by City Fit Shop of the notice of cancellation; or (b) PAID IN FULL MEMBERSHIP: After the expiration of the term stated on the front side of this Agreement, this Agreement shall be terminated with no further notice required by the MEMBER to City Fit Shop. THE MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE NON- REFUNDABLE FEES LISTED ON THIS AGREEMENT ARE ABSOLUTELY NON-REFUNDABLE, NON-CANCELABLE, AN NON-TRANSFERABLE.
- TERM CANCELLATION FEES: If Term Memberships are cancelled before the agreed upon term is completed there will be a cancellation fee equal to the difference of the term rate and the monthly rate for every month the Membership was active. No further charges shall accrue after such cancellation; however, the MEMBER shall be liable for all FEES and other indebtedness which accrued prior to receipt by City Fit Shop Inc. of the notice of the cancellation.
- TERMINATION OF THE AGREEMENT BY CITY FIT SHOP: City Fit Shop 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 City Fit Shop considers any of the MEMBER’s actions, (i) endanger the MEMBER, City Fit Shop Personnel or the other MEMBERS, (ii) interferes with the enjoyment of the other MEMBERS, or (iii) disrupts City Fit Shop 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 Dues remaining on the term are immediately due and payable.
- NON-SUFFICIENT FUND (NSF) FEES AND COLLECTIONS COSTS: The MEMBER shall pay to City Fit Shop a service charge for any cheque or direct debit charge returned to City Fit Shop unpaid or for any funds that cannot be obtained from the MEMBER’s bank account 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 City Fit Shop. As of January 1, 2013, NSF and Statement fees are currently posted at $15 for every return respectively. City Fit Shop reserves the right to increase these fees over time to an amount not exceeding the MEMBER’s Dues.
- COLLECTION COSTS: City Fit Shop 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: City Fit Shop 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 City Fit Shop’s rights, the MEMBER’s payment obligation herein may be assigned by City Fit Shop 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.
- PRIVACY: City Fit Shop has established a Privacy Policy (“POLICY”) to govern its collection, use and disclosure of personal information in accordance with relevant privacy legislation. The POLICY is available at the MEMBER’s request and it is the MEMBER’s sole responsibility to review the POLICY. If the MEMBER does not read the POLICY, then the MEMBER is nevertheless bound by the terms of the POLICY.