Iron Nation Clairmont
Membership
Contract
Date: November 21, 2024
Member Name: {First Name} {Last Name} Date of Birth: {Birth Date}
Address: {Street Address} Cell Phone: {Phone}
City: {City} Work Phone:
Province: {State / Province} Postal Code: {Postal Code}
Email: {Email} Emergency Contact No.:
One Time Enrollment Fee: 20
*Enrollment fee only charged on contract memberships*
Membership Dues: 39.99 Membership Start Date: November 21, 2024 Initial 12 Month Term End Date: November 20, 2025
Method Of Payment: Monthly Payment
NOTICE TO PURCHASER:
AUTOMATIC MONTHLY RENEWAL:
The Member/Buyer guarantees to pay membership fees for a minimum of twelve (12) months. Any payment made toward the first month's
membership fees will be applied toward the minimum twelve-month membership fee guarantee. This membership does not expire after the
twelve-month term. This membership automatically renews for further successive terms of one (1) month after the initial twelve (12) month
term. The Member may cancel this Agreement at any time in accordance with the Consumer Protection Act, 2002
and Section 5 hereof however, if the membership is not canceled after the initial twelve (12) month term in accordance with Section 5
hereof, the Club will continue to debit the Member on a month to month basis for the membership fee. The Club is authorized to revise the
monthly membership fee by giving "The member" at least 30 days’ notice in writing that such change(s) are going to occur. Cancellations
are valid and binding upon the Club only if they are in writing and delivered to management. Anything other than the
written contents of this Agreement is not binding upon the Club.
1. USE OF FACILITIES.
IRON NATION FITNESS (INF) hereby permits the Member, in consideration of the fees and other amounts agreed to
be paid by the Member to INF in this Agreement, the reasonable use of the fitness equipment, change rooms and showers, those parts of the premises
designated for member use and related facilities (collectively the "Facilities") during INF's hours of operation
in accordance with the terms and conditions expressed in this Agreement and the rules and regulations made by INF pursuant to this Agreement in force from
time to time. Membership does not include personal training, all of which are extra.
2. ADDITIONAL CHARGES.
The Member shall be responsible for the following additional charges:
(A) NSF (Insufficient Funds) *This is added automatically if your monthly payment fails* : - $25.00
(B) Membership Hold or Freeze Application: - $15.00
(C) Enrollment Fee - 20
(D) Maintenance/Equipment Upgrade Fee - 37.5 37.5 ( April 30th + Oct 30th )*This applies per member on Family memberships*
3. WARRANTY AND REPRESENTATIONS OF MEMBER.
The Member represents and warrants to INF(which warranties and representations the Member acknowledges INF is relying upon) the following:
(A) the Member has no medical defects known to the Member and consults a qualified medical physician on a regular basis;
(B) the Members understands that he/she will be engaged in physical exercise which could, if not undertaken in a reasonable and responsible manner relative
to the Member's physical condition, result in personal injury to the Member;
(C) the Member will obey all rules and regulations of INF in force from time to time;
(D) the Member will conduct himself/herself responsibly at all times and use the facilities within the physical limitations of the Member; and,
(E) the Member has read and understands the terms and conditions of this Agreement.
4. WAIVER OF LIABILITY AND DISCLAIMER BY MEMBER.
The Member acknowledges and agrees that:
(A) the fees and other charges paid for membership to INF are for use of the Facilities only;
(B) use of the Facilities is at the Member's sole risk and the fees and other charges paid do not include insurance for personal injury to the Member, any
damages flowing therefrom or damage or loss to Member's property;
(C) the Member assumes all risk for personal injury, any damages resulting therefrom, any damage or loss to the Member's property and any damages flowing
therefrom howsoever caused;
(D) the Member hereby fully releases INF, its shareholders, directors, officers, employees, those for which INF is responsible at law or otherwise, the Landlord
of the premises and any other party or parties related to any of the foregoing persons from any and all claims, demands, damages, rights of action, or causes of
action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Member's use or intended
use of the Facilities, including but without limitation, any claims for personal injury arising from or as a result of the negligence of INF, its owners, agents or
employees or the negligence of any other person present on INF's premises as members;
(E) INF is fully released from any liability whatsoever or howsoever caused for any theft or damage to the Member's personal property;
(F) the Member shall not make any claim or demand or commence any action against any third party who might claim contribution, indemnity or other relief over
and against any person or persons referred to in clause 1(a) above;
(G) the Member shall not join, assist, and/or act in concert in manner whatsoever or howsoever with any other person, firm or corporation in making any claim or
demand or the bringing of a proceeding or action in any manner whatsoever against those persons or any one or several of them set out in clause 1(a) above;
and,
(H) the Member understands this Waiver of Liability, Disclaimer and Release may be raised as an estoppel and a complete bar to any demand, action, claim,
proceeding or complaint made against INF or any of the persons named in clause 1(a) hereof arising with respect to the matters above released and
discharged.
5. STATUTORY RIGHTS OF MEMBER.
Member may rescind this Agreement in accordance with the provisions of the Consumer Protection
Act, 2002, as set forth on the first page of this Agreement. The Member may rescind the Agreement at any time after the initial term has been met set out in
Section E hereof upon thirty (30) days’ notice by hand delivering written notice to the Manager/Operator of INF at the address set out above at which time the
Member will receive a signed and dated cancellation receipt.
6. CANCELLATION POLICY.
Iron Nation Memberships are NOT transferable. You may cancel this contract by delivering written notice to the Manager/Operator of INF at the address set out above, at which time the
Member will receive a signed and dated cancellation receipt *Memberships with an overdue balance must first pay out the balance before cancellation can be processed*.
Members are also subject to a standard (30) day cancellation notice which will result in (1) final monthly payment charge upon cancellation.
We will then cancel your membership upon payment of cancellation fees.
Cancellation fees are applied as follows : Within the first 3 months ($200.00 fee) Within 6 months ($150 fee) Within 9 months ($100 fee) Within last 3 months ($50).
7. OTHER TERMS AND CONDITIONS.
This Agreement shall be subject to all of the other terms and conditions as set out on any attachments to this
Agreement and no amendment of this Agreement shall be binding upon either party unless reduced to writing.
8. RULES AND REGULATIONS.
The Member agrees to abide by the Rules and Regulations attached hereto and such other rules and regulations made by INF.
This includes abiding by Iron Nation Fitness Personal Training Policy which states that any and all Personal trainers who wish to train clients at INF must report
to front desk for processing and abide by all rules set out by the agreement, failure to comply will result in Breach of Contract and may result in additional penalties
including being banned from all INF facilities.
9. NON-TRANSFERRABLE.
A membership is not transferable. The Member may not sell, assign or transfer this Agreement, his/her membership card or
membership at INF or any other right or privilege to anyone and any such attempt at sale, assignment or transfer shall be null and void. Member may not loan
his/her membership card to anyone.
10. REFUND / RETURN POLICY.
Iron Nation Fitness LTD. follows a strict No-Refunds policy on any and all prepaid gym memberships including "14 Day Punch Passes" and ALL Sales memberships and specials.
INF will gladly credit or exchange returns on Apparel and other retail items but does not offer a cash refund option under any circumstance.
11. BREACH OR DEFAULT OF MEMBER.
Any breach or default of the Member of this Agreement shall permit INF to terminate, suspend
or revoke membership. Upon default in any of the scheduled payments, INF may, at its option, declare the whole or any part of the balance to be immediately
due and payable and the Member agrees to pay interest on the amount at the rate of 18% per annum calculated from the date of default to the date of payment.
Amounts not paid in full within 10 days after their due date shall be subject to a late payment charge of 5% of the unpaid amount of the late installment or $25.00,
whichever is greater. INF shall have the right, to the extent permitted by law, to enforce any one or more remedies under this Agreement whether successively or
concurrently and such action shall not operate to bar or stop INF from pursuing any other remedy that INF may have under this Agreement or otherwise.
12. ACCOUNT "FREEZE"
For those who are eligible, time stops are allowable for absences of thirty (30) days or more. Members must apply to the club for an account "Freeze"
before they leave on their absences. No "Freeze" will be approved where less than thirty days remain until the contracted expiry date. One month maximum
on Account "Freeze". $15 Fee applies. Monthly maintenance fees continue for contractual obligation.
13. TAXES.
In addition to the cost of this membership, Member agrees to pay any and all sales, value added and other taxes levied or assessed by any
government authority by reason of this Agreement and which are at law collectible from the Member.
14. MEMBER'S CERTIFICATION OF UNDERSTANDING.
The undersigned member certifies that:
(A) I have read, understand and agreed to the terms of this Agreement and the rules and regulations of INF;
(B) I agree to abide by the rules and regulations of INF in force from time to time and acknowledge receipt of a true copy of this Agreement;
(C) I acknowledge and understand that this membership is not based on usage and that I am bound to the terms of this Agreement regardless of how often I use
the Facilities.
(D) I have been advised to consult a physician before I use the Facilities;
(E) I acknowledge exercise, and in particular, weight training and aerobics, strenuous exercise may cause damage to my health and well being without
professional direction and my physician's advice;
(F) the terms and conditions of membership attached form part of this Agreement;
(G) I acknowledge receipt of a true copy of this Agreement and attachments.
Member Name: {First Name}{Last Name} Member Signature: Date: November 21, 2024