1. About this agreement: (the “Agreement”). The member is referred to as “you” or the “Member” andSailor Jack's Performance Centre (1031255 B.C. LTD) is referred to as “us”, “we” or “Sailor Jack’s”. This Agreement is legally enforceable. There are terms and conditions outlined below. Please read everything carefully. This contract is subject to the Business Practices and Consumer Protection Act, 2004 (British Columbia) (the “Act’). Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act.
2. Our responsibilities: By signing this Agreement, subject to the terms set out in this Agreement we accept you as a Member of our facility (“the Facility”).
3. Pre-Authorized Payment Agreement: Payer listed below (“Payer”) agrees to pay the Fees, either annually or every week (weekly) (as applicable, or on the next business day) and, authorizes Sailor Jack's Performance Centre (1031255 B.C. LTD) to present transactions for payment against Payer’s account.In consideration ofSailor Jack's Performance Centre (1031255 B.C. LTD) acting as directed, the Payer agrees that Sailor Jack's Performance Centre (1031255 B.C. LTD) treatment of each payment and our rights to it, shall be the same as if it was signed personally by the Payer, if more than one. The pre-authorized payment shall be drawn on the Payer’s account to cover all Fees including membership fees. The Payer may revoke this authorization at any time subject to providing Sailor Jack's Performance Centre (1031255 B.C. LTD) with not less than thirty (30) days written notice. Member is responsible for all Fees payable after the effective date of the Payer’s revocation. Payer has certain recourse rights if any debit does not comply with this Agreement. For example, Payer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD (Pre-Approved Debit) Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca. Please note that the first pre-authorized payment may occur less than 10 days from the start of this agreement.
4.Term and Renewal: This Agreement commences on dd ___ mm ___ yyyy _ _ _ _ and expires on dd ___ mm ___ yyyy _ _ _ _ .
This being a pre-authorized payment agreement, on the expiry date, this agreement will renew as a contract of successive monthly renewals, which, you may terminate on one month’s notice.
At least 30 days but not more than 90 days before the expiry date, we will deliver a written renewal notice (the “Renewal Notice”) to you at the last mailing or e-mail address provided to us. The Renewal Notice will contain the following information: i) the date of the proposed renewal of this Agreement; ii) a statement that under the Consumer Protection Act, 2002 we are required to deliver notice to you in the manner specified in this Agreement; iii) 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; iv) that this Agreement will not be renewed or extend the agreement; and v) a copy of this Agreement that clearly notes all changes that we have made to this Agreement. On renewal Sailor Jack's Performance Centre (1031255 B.C. LTD) may continue to charge the Payer’s account as set out below either annually or every week (weekly) (as applicable) for all Fees, including on-going membership fees.
5. Membership Options (check):
• 1) Small Group Training Evolutions: Unlimited: ($87.60/week) ☐ 3x/week: ($43.80/week) ☐
6. Your rights under the Business Practices and Consumer Protection Act, 2004 are below.
I, the member, have carefully read both pages of this Membership Agreement. I have been given a copy of it. I confirm that no verbal representations or warranties have been made to me which have not been confirmed in writing in this Agreement, and that this written Agreement accurately sets out the entire agreement between us. I understand the terms and conditions and agree to be bound by them.
Member’s Signature: __________________________ Witness: _________________________
Your Rights Under the Business Practices and Consumer Protection Act, 2004 s.21 (1) You may cancel this agreement at any time during the period that ends ten (10) days after the latter of the day you receive a written copy of the agreement and the day that all the services are available. You 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, you must give written notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of British Columbia or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
7. RELEASE: You acknowledge that there is a risk associated with participating in fitness activities and in exercising. Your participation is completely voluntary and you acknowledge that you are assuming 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 prior to using the Facility. You agree on your own behalf (and on behalf if your personal representatives, heirs, estate trustees, or assigns) to a) release, indemnify and discharge Sailor Jack's Performance Centre (1031255 B.C. LTD), and it’s franchises, (where applicable) including its/their respective owners, officers, directors, agents, employees or independent contractors (“us”), from any and all claims or causes of action (known or unknown) which you may have arising out of your use of the Facility, including those arising out of the 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 or while participating in any programs offered by the Facility, whether at the Facility, your residence or elsewhere. We, Sailor Jack's Performance Centre (1031255 B.C. LTD), are not responsible for any damage to, loss or theft of your personal property.
8. Term: Not withstanding paragraph 4 of this Agreement, the Term will not commence until the date on which the Facility at the address specified on the reverse is open for business (the “Actual Commencement Date”). You will not be required to pay Fees until the Term commences. If the Actual Commencement Date is later than the commencement date specified on the reverse, this Agreement will expire one (1) year following the actual Commencement Date.
9. Cancellation of this Agreement: In addition to your rights above, after fulfilling the minimum one (1) 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 give notice, one month in advance of the scheduled cancellation. Each Member is responsible for the cancellation of his/her own Membership, not withstanding that the Member may not be the Payer. A fee of $99.00 plus applicable taxes will apply to cancel within the first year of this Agreement.
10. 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 for up to a six (6) month period. You must visit the Facility and complete a hold form, one (1) month in advance of the scheduled hold. Membership holds are not permitted for any other reason during the first year of this Agreement. After fulfilling the minimum one (1) year term, we will put a hold on your membership for up to six (6) months on your request. An administration fee may apply, not to exceed $10.00 (plus applicable taxes) per month. Phone, Fax, Email or verbal holds are not accepted.
11. Fees: You agree to pay us all sums, fees and charges specified in this Agreement (the “Fees”) when due, irrespective of the amount of use you make of the Facility. You agree that once this 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 sending you notice in writing to the last address or email address provided by you to us. You may advise us in writing if you accept our proposed change. If you do not accept this proposed change we may, if we choose, terminate this Agreement on one (1) months written notice to you. All Government taxes are in addition to and will 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 for which extra charges apply.
12. Rules and Regulations: Our Rules may be posted in the Facility and available at http://www.sailorjacksbarbellgarage.com/terms 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 a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuance or disturbance, c) commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others. If your Membership is suspended, obligation to make payments under this Agreement will be suspended for the duration of your Membership suspension period. We do not allow any business activity or solicitation at the Facility. In particular, solicitation of any business competitive with our business (including Chiropractic, Physiotherapy, Registered Massage Therapy or Personal Training Services) is strictly prohibited. You agree to pay us any revenues received by you if you violate this policy (plus any legal fees and court costs we may incur to enforce such policies).
13. Reservation of Rights: We reserve the right to refuse or cancel any Membership without cause. In which event you will be entitled to a pro-rata refund of only the unused balance of 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, class or service. We will use our reasonable and best efforts to maintain the existing services and facilities at the Facility 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.
14. Payments: We apply all payments in this priority: a) any amounts owing from a previous Membership Agreement; b) Weekly Fees and charges as they become due. We do not assess additional late charges on existing unpaid late charges.
15. Dishonoured Cheque Charges: Declined payments and any late charges will be automatically charged to your credit card account and/or the Payer’s bank account set out on the front page. We will apply an administration fee of $25.00 or the maximum amount permitted by law, including our costs and expenses, which ever is less, to return-payments or credit card charges.
16. Payment Obligations Absolute: You are obligated to pay us all Fees owing or falling due under this Agreement. We will not reduce, discount or cancel your obligation because you do not use the Facility.
17. Warranty: We warrant that the Facility and Services supplied under this agreement are of a reasonably acceptable quality.
18. Default: If you breach any terms and conditions of this Agreement, or if you do not pay an installment when due, you will be in default. Where you are in default of an installment, we may assess a late charge of $25.00, send your account to a collection agency and or immediately cancel your membership and keep any amounts you have paid to us. If we later agree to accept a payment from you, and reinstate your Membership you must still fulfill all of your remaining responsibilities under this Agreement and we may require you to pay any legal and or collection fees and charges incurred by us in collecting your overdue payments from you.
20. Telecommunications: From time to time Sailor Jack's Performance Centre (1031255 B.C. LTD) may contact you directly by telephone, mobile or fax number or email address for the purpose of sending you renewal or other notices, obtaining your feedback on our facilities and services, and of marketing (including telephone and email marketing) of goods, services and special offers that may be of interest to you. By signing this Agreement, you consent to receiving this information, you may withdraw this consent at any time by calling our main line at: 778-255-5304.
21. 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.
22. 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. The person you assign or transfer this agreement to 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.
23. Assignment by Sailor Jack's Performance Centre (1031255 B.C. LTD): We may assign this Agreement to another company or person at "Sailor Jack's Performance Centre” includes any assignee, who will have all our rights and powers under this Agreement. If any claims are brought against us under this Agreement after we have assigned it, we reserve the right to raise any defenses available to us under this assignment.
24. Governing Law: This Agreement is governed by the laws of British Columbia and the laws applicable therein.