Terms of Service

Terms of Service

General Membership

All members of Pro-Fit Health Club will sign an agreement.

Pro-Fit Health Club’s Responsibilities:

Upon signing the agreement Pro-Fit Health Club accepts you as a Member of our fitness club (the “Facility”). You will have the right during your term to use the facilities and services which you have purchased during our posted hours of operation. “Facility” includes the Club at 3771, 6th Line, RR2, Ohsweken, Ontario, N0A 1M0. The facilities and services which you have purchased are access to the Club including (but not limited to) cardiovascular equipment, strength training equipment, washroom & change room facilities, regularly scheduled group exercise classes, and tanning studio (should you make use of the tanning services).

 

Your Responsibilities:

By signing the agreement you agree: a) to pay all sums, fees and charges specified in this Agreement, (the “Fees”) when due, irrespective of how often you make use 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, personal information and banking/credit card information (as it pertains to your account with us) changes as they occur.

 

Payment:

A variety of options are available for paying your membership fees.

You may pay in full or you may enter into a Pre-Authorized Payment Agreement with Pro-Fit Health Club.

In the case of pre-authorized agreements: You agree to pay the Fees every 2 weeks/Monthly (as applicable) and authorized Pro-Fit Health Club to present transactions for payment against your account. In consideration of Pro-Fit acting a directed by you, you agree that Pro-Fit’s treatment of each cheque/credit card payment and our rights to it, shall be the same as if it were personally signed by you if more than one. The preauthorized payment shall be drawn on your account to cover all Fees including membership fees.

 

Term and Renewal:

If your have a preauthorized membership with Pro-Fit Health club that membership – at the time of its expiration – will renew as a contract of successive monthly renewals, in which you may terminate on one month’s notice. At least 30 days but no more than 90 days before the expiry date, we will deliver to you by mail to the last address provided to us a written renewal notice (“the Renewal Notice”), setting out the date of the proposed renewal of the Agreement, stating that under the Consumer Protection Act 2002, we are required to deliver the notice to you in the manner specified in this Agreement, at least 30 days, but not more than 90 days, before the Agreement expires; setting out the address of the premises from which we conduct business and information respecting other ways, if any, in which we can be contacted by you. The Agreement will not be renewed or extended if, before the renewal date you notify us, at our address (3771 6th Line, RR2, Ohsweken, Ontario, N0A 1M0) or by contacting us via registered mail, that you do not want to renew or extend the Agreement. On renewal Pro-Fit may continue to charge the specified account every 2 weeks/Monthly (as applicable) for all Fees, including on-going membership fees.

 

Dishonoured Cheque/Credit Card:

Returned payments and any late charges will be automatically charged to your bank account and/or your credit card. We will apply an administration fee of $25.00 OR the maximum amount permitted by law, including our costs and expenses, whichever is greater, to returned cheques or credit card charges.

 

Personal Training:

Sessions must be completed within 52 weeks from the start date of your Agreement. You agree to arrive 10 minutes prior to your scheduled appointments. If you arrive late for any session, the appointment will finish at the originally scheduled completion time. You must provide at least 24 hours’ notice to the Personal Trainer if you wish to cancel a scheduled appointment or you will be charged for that training session. Pro-Fit will not refund any unused or used sessions purchased at the point of sale, unless cancelled within 10 days from the Start Date and accompanied by a membership cancellation.

 

Additional Terms:

Release:

You, the member, acknowledge that there is a risk associated with participation in fitness and exercising. Your participation is completely voluntary and by using the Facility you acknowledge that you assume 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 the behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge Pro-Fit (where applicable), including the respective owners, officers, directors, agents, employees or independent contractors, from any and all claims or causes of action (known or unknown) which you may have arising out of our negligence, including 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, Pro-Fit, are not responsible for any damage to, loss or theft or personal property.

 

Cancellation of this Agreement:

In addition to your rights above, after fulfilling the minimum one year term, this Agreement may be cancelled by giving us notice at the address set out in this Agreement by any means which allows you to prove the date on which you gave notice, one month in advance of scheduled cancellation. A fee of $99.00 will apply to cancel within the first year of the Agreement.

 

Membership Holds:

If you cannot use the Facility for a valid medical reason (doctor’s note required) we will put a hold on your membership until you are fit to resume exercising, by visiting the Facility and completing a hold form, one month in advance of the scheduled hold. Membership holds for any other reason are entirely at our discretion and an administration fee may apply, not to exceed $10.00 per payment. Phone, fax, email or verbal holds are not accepted.

 

Changes in Fees:

You agree that once the Agreement has renewed as a contract of successive monthly renewals we may notify you at any time thereafter that we propose to change the Fees by notifying you in writing at the last 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 you must notify us in writing at least 30 days prior to discontinuation of your membership (beyond the original contract). We may, if we choose, terminate this Agreement on one month’s written notice to you. All government taxes, includes goods and services tax (GST) are in addition to and may 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.

 

Membership Cards and Access:

We will issue you a membership card (“the Card”). Your need it to enter the Facility. The Card belongs to Pro-Fit and is for your personal use only. If anyone else uses it we may cancel your membership immediately with no refund. Lost, stolen or destroyed Cards will be replaced for a fee payable by the Member of $15.00.

 

Minors:

Parent consent form is required. Members under 16 years of age must attend with parent or legal guardian.

 

Guests:

Guest privileges are available 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 of our Rules. Please ask our staff for details.

 

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, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, 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 continues as scheduled. We do not allow any business activity for solicitation of any business competitive with our business (include personal trainer services) is strictly prohibited. You agree to pay us any revenues received by your or your guests if you violate this policy (including our legal fees and court costs).

 

Reservation of Rights:

We reserve the right to cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid installments, if any. 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 at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period. However any material change to services and facilities will require your consent.

 

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) bi-Weekly/Monthly Fees and charges as they become due. We do not assess additional late charges in existing unpaid charges.

 

Payment Obligations Absolute:

You are obligated to pay is the entire balance owing under this Agreement. We will not reduce, discount or cancel your obligation because you do not use the Facility.

 

Warranty:

We warrant that the facilities and services supplied under this Agreement are of a reasonably acceptable quality.

 

Default:

If your breach any terms and conditions of the Agreement, or your do not pay an instalment within ten (10) days of a payment date you will be in default. We may then, where your are in default of an installment, assess a late charge of $25.00, or immediately cancel your membership and keep any amounts your have paid to us. If we later accept a payment from you, and reinstate your membership you must still fulfill all our remaining responsibilities under this Agreement.

*** 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.

Assignment by Member:

This Agreement is personal to you. You may not assign or transfer this Agreement to anyone else without the written approval of the Facility manager, for which we may charge you an administration fee of $39.00. We will charge a fee of $39.00 to the transferee who will also be subject to increased Fees. Any attempt to sell, assign, or transfer this Agreement without our approval is null and void and will result in cancellation of your membership immediately without any refund.

 

Assignment by Pro-Fit:

We may assign this Agreement to another company or person if we choose, and then term “Pro-Fit” will also mean any company or person to whom we assign this Agreement, who will have all our rights and powers under this Agreement. If there are any claims brought against us under this Agreement, we reserve this right to raise any defenses available to us under this Agreement even if we have assigned this Agreement to another company or person. Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this agreement.

 

Governing Laws:

This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein.

 

***Any month to month membership has no guaranteed rate and the monthly rate will float, based on current pricing at that time.

***NO STREET SHOES PERMITTED IN THE CLUB. All members & guests must bring clean/dry runners for in-club use only.

 

Your Rights under the Consumer Protection Act 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. Your do not need to give the supplier a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, your must give notice of cancellation to the supplier, at the address set out in your agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in your agreement use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known to you. If you cancel this agreement, this supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in agreement (or refund an amount equal to the trade-in allowance). O. Reg. 17/05, s. 28 (3).

 

Personal Training

Thank you for choosing a Personal Training Program (“the Program”) with Pro-Fit. We want you to fell 100% comfortable with your personal training program. Our goals are to help you achieve the results you are looking for and to make your fitness experience an enjoyable one. In exchange for payment by you of the total amount on the terms set out in your Agreement and all other amounts and charges under this Agreement (“the Fees”), and commencing on the Agreement Start Date, you have the right during the term of the Agree to receive the specified number of personal training sessions (“Session(s)”) with a personal trainer (“Personal Trainer”), or to participate in another Program identified below. Sessions will be scheduled at mutually convenient times for you and your Personal Trainer.   Sessions and Programs are provided at the Pro-Fit Health Club (“the Facility”). There is no charge for the use of the Facility for each Session or Program provided you are a member in good standing of Pro-Fit Health Club throughout the term of this Agreement, however non-members must pay current Guest Fee for each visit to the Facility for a Session or to participate in a Program.

Commit to Success.

  • Arrive ten (10) minutes prior to your scheduled appointments. If you arrive late for any sessions, your appointment will finish at the originally scheduled completion time.
  • You agree that if you feel lightheaded, dizzy, nauseous or experience pain or discomfort at any time during a training session, you will immediately stop the activity and inform your Personal Trainer.
  • You agree to inform your Personal Trainer of any conditions or changes in your health at any time while participating in the Program, which might affect your ability to exercise safely and with minimal risk of injury.
  • You are not obligated to perform or participate in any activity unless you wish to and have the right at all times to decline participation in a Session.
  • You agree to provide at least twenty-four (24) hours notice to the Personal Trainer if you wish to cancel a scheduled appointment. If an appointment is cancelled with less than twenty-four (24) hours notice you will be charged for the Session.
  • We may, if we choose, cancel your Personal Training, or a Specialty Program if we feel there is a lack of commitment to the Program of if you fail to comply with the terms of your Agreement. If we choose to cancel your Agreement, Pro-Fit will refund the remainder of any unused sessions.
  • Sessions must be completed before the end of your Agreement (maximum of one (1) year from the specified start date of purchase). We request that you not offer your Personal Trainer gratuities as this is neither necessary nor expected. We encourage you to notify the Fitness Manager or the Club Manager if you feel your Personal Trainer has done an outstanding job.

 

Personal Training Satisfaction Guarantee:

We are confident that you will be entirely satisfied with your Program. If you are at any time dissatisfied with your ”Personal Training” “Group Training” or your Personal Trainer cannot continue with your training, management will provide you with another qualified Personal Trainer to resume and complete your remaining Sessions at your request. Depending on which Program you have selected, the services you will receive under each Program are:

  • Personal Training: Completion during each scheduled Session of an agreed upon workout program, under the supervision of a Personal Trainer, or
  • PT @ POS Introductory pre-designed circuit training and education under the supervision of a Personal Trainer. Sessions must be completed within eight (8) weeks of purchase, or
  • Complete Fitness Appraisal: a 60 minute assessment of fitness levels through body measurements and fitness test under supervision of a Personal Trainer

 

Additional Terms:

Release:

You, the member, acknowledge that there is a risk associated with participation in fitness and exercising. Your participation is completely voluntary and by using the Facility you acknowledge that you assume 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 the behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge Pro-Fit (where applicable), including the respective owners, officers, directors, agents, employees or independent contractors, from any and all claims or causes of action (known or unknown) which you may have arising out of our negligence, including 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, Pro-Fit, are not responsible for any damage to, loss or theft or personal property.

 

Cancellation of this Agreement:

In addition to your rights above, after fulfilling the minimum one year term, this Agreement may be cancelled by giving us notice at the address set out in this Agreement by any means which allows you to prove the date on which you gave notice, one month in advance of scheduled cancellation. A fee of $99.00 will apply to cancel within the first year of the Agreement.

 

Membership Holds:

If you cannot use the Facility for a valid medical reason (doctor’s note required) we will put a hold on your membership until you are fit to resume exercising, by visiting the Facility and completing a hold form, one month in advance of the scheduled hold. Membership holds for any other reason are entirely at our discretion and an administration fee may apply, not to exceed $10.00 per payment. Phone, fax, email or verbal holds are not accepted.

 

Changes in Fees:

You agree that once the Agreement has renewed as a contract of successive monthly renewals we may notify you at any time thereafter that we propose to change the Fees by notifying you in writing at the last 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 you must notify us in writing at least 30 days prior to discontinuation of your membership (beyond the original contract). We may, if we choose, terminate this Agreement on one month’s written notice to you. All government taxes, includes goods and services tax (GST) are in addition to and may 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.

 

Membership Cards and Access:

We will issue you a membership card (“the Card”). Your need it to enter the Facility. The Card belongs to Pro-Fit and is for your personal use only. If anyone else uses it we may cancel your membership immediately with no refund. Lost, stolen or destroyed Cards will be replaced for a fee payable by the Member of $15.00.

 

Minors:

Parent consent form is required. Members under 16 years of age must attend with parent or legal guardian.

 

Guests:

Guest privileges are available 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 of our Rules. Please ask our staff for details.

 

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, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, 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 continues as scheduled. We do not allow any business activity for solicitation of any business competitive with our business (include personal trainer services) is strictly prohibited. You agree to pay us any revenues received by your or your guests if you violate this policy (including our legal fees and court costs).

 

Reservation of Rights:

We reserve the right to cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid installments, if any. 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 at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period. However any material change to services and facilities will require your consent.

 

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) bi-Weekly/Monthly Fees and charges as they become due. We do not assess additional late charges in existing unpaid charges.

 

Payment Obligations Absolute:

You are obligated to pay is the entire balance owing under this Agreement. We will not reduce, discount or cancel your obligation because you do not use the Facility.

 

Warranty:

We warrant that the facilities and services supplied under this Agreement are of a reasonably acceptable quality.

 

Default:

If your breach any terms and conditions of the Agreement, or your do not pay an instalment within ten (10) days of a payment date you will be in default. We may then, where your are in default of an installment, assess a late charge of $25.00, or immediately cancel your membership and keep any amounts your have paid to us. If we later accept a payment from you, and reinstate your membership you must still fulfill all our remaining responsibilities under this Agreement.

*** 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.

Assignment by Member:

This Agreement is personal to you. You may not assign or transfer this Agreement to anyone else without the written approval of the Facility manager, for which we may charge you an administration fee of $39.00. We will charge a fee of $39.00 to the transferee who will also be subject to increased Fees. Any attempt to sell, assign, or transfer this Agreement without our approval is null and void and will result in cancellation of your membership immediately without any refund.

 

Assignment by Pro-Fit:

We may assign this Agreement to another company or person if we choose, and then term “Pro-Fit” will also mean any company or person to whom we assign this Agreement, who will have all our rights and powers under this Agreement. If there are any claims brought against us under this Agreement, we reserve this right to raise any defenses available to us under this Agreement even if we have assigned this Agreement to another company or person. Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this agreement.

 

Governing Laws:

This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein.

 

***Any month to month membership has no guaranteed rate and the monthly rate will float, based on current pricing at that time.

***NO STREET SHOES PERMITTED IN THE CLUB. All members & guests must bring clean/dry runners for in-club use only.

 

Your Rights under the Consumer Protection Act 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. Your do not need to give the supplier a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, your must give notice of cancellation to the supplier, at the address set out in your agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in your agreement use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known to you. If you cancel this agreement, this supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in agreement (or refund an amount equal to the trade-in allowance). O. Reg. 17/05, s. 28 (3).

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