AGREEMENTS OF CLUB:
Trainyard is a gym independently owned and operated. (hereafter referred to as the Club). Upon acceptance of the members application for
membership, the Club agrees to extend the privileges of the Club membership including the use of the Club facilities, pursuant to the terms and
conditions of this agreement and the Club Rules and Regulations.
AGREEMENTS OF MEMBER:
1) At the effective date of his / her membership, the initial fees and all dues paid will be non-refundable, unless otherwise provided in this agreement.
2) Member will be bound by the terms and conditions of this Agreement and by the Club Rules and regulations as they may be amended from time to
time, including the right of the Club of terminate this agreement according to the Rules and Regulations and the terms provided herein.
3) Member represents that they have not defaulted on any other Agreement with the Club. If member has, the Club may apply any and all amounts paid
on this Agreement to members unpaid obligations before processing this Agreement.
4) Membership cards are for the exclusive use of the member only. Unauthorised use or lending of a card to another or letting a member in whose
access card is not working; a fine of $50 will apply for the theft of services.
5) If a member has a term membership, the membership will renew after the term ends and will be continued to be billed accordingly to my regular
billing schedule, unless the member provides a notice of cancellation in writing.
6) A term membership has an early cancellation fee.
7) The member is responsible for updating contact and billing information.
8) All membership holders of the Club must be minimum 13 years of age. All minors under the age of 16 are restricted to staff hours or accompanied by
a parent, legal guardian or adult over 21. A parent or legal guardian must sign the membership agreement of a member under 18.
AGREEMENTS OF RISKS BY MEMBER:
1) Member acknowledges that participation in a sport or physical exercise may result in an accident or injury. Member assumes the risk connected with
the participation in a sport or physical exercise, and represents a) S/He is in good health and b) S/He has no known physical or medical condition that
would affect or limit Members use of the facilities.
2) Member acknowledges that the Club has not and will not render any medical services including medical diagnosis of Members physical condition,
and that the Member has the consent of his/her physician to undertake physical exercise. Member specifically agrees to assume the risk of injury,
accident, death, loss cost or damage to their person or property which might arise from use of the Club and agrees to hold harmless and release the
Club, it’s owners, directors, employees, representatives and all others from any and all liability. Member also releases all of those mentioned or others
acting on their behalf from any responsibility or liability for any damage to member including those caused by the negligent act or omission of any of
those mentioned or others acting on their behalf or in any way arising out of or connected with members participation in any activities of the use of any
equipment at the Club.
3) Member understands and agrees that as a member of the Club, S/He will have access to the Club as per the Membership Agreement. The Member
agrees and understands that there will be no supervision or assistance except during staffed hours. Staffed hours are currently Mon-Fri 7:30am –
7:30pm, though staffed hours may change at the sole discretion of the Club. Member is aware that is S/He gets injured, becomes unconscious, suffers a
stroke or heart attack or any other medical emergency or event there will likely be no one to respond to the members emergency and that the Club has
no duty to provide assistance while S/He is at the Club. Members understand that even though the Club is equipped with surveillance cameras, help will
not be available during non-staffed hours.
4) The Member agrees the Club is not liable for any personal property that is damaged, lost or stolen while on or around Club premises; including but
not limited to a vehicle or it’s contents, or property left at the Club, the Club will not be responsible.
Initial:
AGREEMENTS OF COOLING OFF PERIOD: TRANSFER; FREEZE; CANCELLATION; RENEWAL:
COOLING OFF PERIOD: The membership can be cancelled if within 7 days, given written notice of the membership agreement date. The Club will
refund the amount, less the amount you have already used the gym at the gym’s current one day pass rate and/or any start up fees.
TRANSFER: The membership use is subject to the terms and conditions of the Club and if I transfer the terms of the agreement will be automatically
transferred and enforced by the Club.
FREEZE: Membership freeze of a minimum one month and up to two months per year during which time I will not be charged. Written notice giving 7
days in advance of next billing cycle. A membership cannot be cancelled during a freeze period.
CANCELLATION: Membership cancellation to be done by written notice. 10 days notice of cancellation or subject to discretion of the Club. Any
outstanding fees and/or collection of unpaid amounts are to be the responsibility of the Member. If the person dies or becomes permanently disabled
upon written notice of the Club, with proof of death or disability, cancellation of the Club and a prorated refund of unused portion of Membership fees
incurred.
RENEWAL: If a member allows his/her membership to lapse reinstatement to the Club will require approval of a new Agreement and payment of any
applicable enrolment or administration fees.
NON PAYMENT CLAUSE:
The member is fully responsible to make necessary monies in their chosen accounts when payments are made to keep their membership in good
standing. Failure to do so will cause the Member to be responsible for all charges, late fees or other costs incurred.
TERMINATION OF MEMBERSHIP:
In the event the Member violates any of the Club Rules and Regulations regarding conduct in, or use of, the facilities, or in the event of the Member fails
to make any payment when due under Agreement. The Club may terminate Member’s rights under this agreement. No part of the Members fees or
dues will be refunded in this agreement.
ANNUAL INCREASES:
Rates are not guaranteed beyond the term of the initial Agreement.
NON-DISCRIMINATION:
Membership is open to all individuals of good character and responsible background and shall not be based or limited to gender; race; colour; ethnicity;
religion; disability or any other protected classification nor shall ever be a condition of membership. All applications for membership are subject to
Approval by the Club, which has sole discretion to approve or reject applications.
