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MEMBERSHIP AGREEMENT

World Gym Calgary Southland

 

 

TRANSACTION INFORMATION

 

World Gym(“WG”) recommends that all billing payments to go through electronically.  World Gym does not recommend members to make any payments at the gym. World Gym will not be responsible for errors made due to payments made in house. If payments must be made in house, they must be made no later than 4 days before the next payment due date. Any account changes must also be made no later than 4 days before the next payment due date.  Memberships may not be paid more than 4 days in advance.

 

World Gym will assess a $35 fee for all rejected debits. All account changes are the sole responsibility of the member. I understand that I must notify the gym for any account information changes including: Name Change, address change, account number change.

 

I understand that my bi-weekly billing membership will not automatically end in 12 months. I understand that I must make at least 52 weekly payments before I can cancel my membership with 60 days written notice.

 

All Members must provide 60 days written notice in person to cancel their recurring weekly billing membership. I agree to pay eight (8) additional weekly payments from the date of my cancellation. I understand I cannot cancel by phone, email or by informing a staff person verbally

 

Buyer acknowledges receipt of a fully completed copy of this contract executed by both buyer and seller and acknowledges all terms and conditions set forth in this contract.  I authorize World Gym to debit my credit card or bank account weekly on Friday, for all current and past due balances.

 

     

 

 ADDITIONAL MEMBERSHIP CONTRACT TERMS

 

1.  CONSUMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITH WRITTEN NOTICE PROVIDED TO WORLD GYM WITHIN FIVE (5) DAYS FROM THE CONTRACT DATE. Notice of cancellation must be in writing, signed by the Buyer and mailed, by registered or certified mail to the Seller at the address indicated herein. If the cancellation is done in person, a Cancellation form will be provided. Buyer is responsible to retain a copy of the cancellation form as proof of cancellation.  All cancellation notices shall be accompanied by the Contract forms, membership cards and any other documents or evidence of membership previously delivered to the Buyer. All monies, LESS CARD FEE OF $19.99 and any applicable taxes, paid pursuant to this Contract shall be refunded and returned by the Seller within 15 business days of receipt of such cancellation notice.

 

2.  ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this Contract for any of the following reasons:

 

a)     If upon a doctor's order, you cannot physically receive the services due to significant physical disability for a period in excess of six months;

 

b)    If you die, your estate will be relieved of any further obligation for payment under the Contract not then due and owing;

 

c)     If you move your residence more than twenty-five kilometers from any Gym operated by the Seller; there is a $100 fee to cancel because of change of residence.

 

d)    If substantial services of the Gym cease to be offered as stated in the Contract.

 

 

Notice of cancellation must be made in person at the club, or in writing, signed by the Buyer and mailed, by registered or certified mail to the Seller at the address indicated herein. Cancellation via fax, email, phone, standard mail, and any other verbal agreements between Seller and Buyer will not be accepted under any circumstances whatsoever.  Buyer is responsible to retain his/her copy of the World Gym cancellation form as proof of cancellation. Members agree to pay any overdue balance before they are able to cancel their contract.

 

3.  HEALTH WARRANTY: Member and Buyer represent that Member is in good health and has no disability, impairment medical condition or illness preventing Member from engaging in exercise, use of World Gym facilities or that poses a health risk to other users of the Gym. Member and Buyer assume full responsibility for Member's medical condition as it relates to his/her ability to engage in exercise. Member and Buyer agree that Member will not use any of World Gym facilities with open cuts, abrasions, sores, infections, contagious conditions or maladies which may impose a health risk to others in accord with provincial and local health requirements. World Gym Management reserves the right to prohibit or limit the use of its facilities to Members with such conditions in accord with state and local health requirements.

 

 

4.  ASSUMPTION OF RISK I PERSONAL INJURY: Member and Buyer assume all risks and responsibility for any personal injury sustained by Member (and child/charge) as a result of his/her physical exercise, use of facilities and equipment, class participation and/or instruction by a personal trainer, use of masseuse services, babysitting services and all other activity at the Gym. Member and Buyer release and discharge World Gym, its officers, employees, independent contractors, and agents from any and all liability, loss, or expense (including legal costs) incurred by Member and Buyer as a result of such personal injury and use of facilities and services except to the extent that such injury results from the negligence or willful misconduct of World Gym, its officers, employees, independent contractors or agents.

 

5.  PERSONAL PROPERTY WAIVER: World Gym urges Members not to bring valuable personal property into the Gym.  World Gym, its officers, employees, independent contractors and agents shall not be liable for the loss, theft of or damage to the Member’s personal property located anywhere in World Gym, including all lockers, coat check and locker rooms. Member and Buyer further agree to waive such claims against World Gym, its officers, employees, independent contractors and agents.

 

 6.  LOCKERS: World Gym reserves the right to remove, dispose of all articles left overnight in the day use lockers without prior notice. All Lockers are for day use only.

 

 7.  RENEWALS: All memberships are automatically renewed after the initial term has been completed until a written cancellation notice has been provided as per the Cancellation terms.

 

 8.  OBLIGATION TO PAY:  Buyer will not be relieved of his/her obligations to make payments agreed to for Member's failure to use World Gym facilities.  Member dues are for the time period designated and do not relate to actual usage of World Gym.

 

 9.  CHANGE OF NAME/ADDRESS: World Gym must be notified, in writing, of any name or address change.

 

10.  DISHONORED CHECK, DRAFT, CREDIT CARD CHARGE OR EFT TRANSFER:  If any check, draft, credit card or EFT transfer payable to World Gym is not honored, World Gym will:  assess a $35.00 collection fee for each such item; collect the current and past due amounts. Members who dispute credit card charges through their credit card providers will be charged an additional $35 service fee per charge back if charges are legitimate and in accordance with the buyer's contract agreement.

 

11.  UNPAID BALANCES:  All balances in arrears over fourteen (14) days are subject to a weekly service charge.  Any unpaid balance for membership fees, goods or services past fourteen (14)) days may result in automatic suspension of club privileges and may be reported to third persons. Buyer is obligated to pay any collection and/or legal costs incurred by World Gym for collection. World Gym reserves the right to charge Debit/Credit Cards or Bank Accounts for all overdue balances and late fees. World Gym reserves the right to accelerate the initial 52 weekly payments plus the addition of an additional $100 service charge if the member defaults or becomes overdue for a period of more than thirty (30) days.  All outstanding balances are subject to 2% monthly interest.

 

12.  MEMBERSHIP FEE:  Weekly payments are guaranteed for the term of the membership as long as the membership is in good standing and there are no outstanding balances. Maintenance Fee is subject to annual increases.

 

13.  RULES, REGULATIONS AND SCHEDULES: Proper athletic attire must be worn at all times in all areas of World Gym.  Member agrees to abide by all World Gym rules and regulations.  Gym rules, regulations, schedules and fees are subject to change at World Gym's sole discretion.

 

 14.  RIGHT TO REVOKE MEMBERSHIP: World Gym reserves the right to suspend or revoke membership, without refund of membership fees, for a breach of Gym rules or regulations, violations of Contract terms, or generally undesirable behavior to other members or staff as determined by World Gym at its sole discretion.

 

15.  FACILITIES, EQUIPMENT AND SERVICES:  World Gym facilities, equipment, services, classes, days and hours of operation are subject to change at World Gym’s sole discretion.  As a result of repairs, maintenance, or special occasions, World Gym may be required to restrict the use of the facilities, equipment, limit services or cancel one or more classes.  Member agrees that there will be no reduction or refund of membership fees for such reasons.  In case of long-term interruption of all services at World Gym (i.e. fire or other disaster), World Gym reserves the right to freeze memberships and add the lost time once services resume. All World Gym members must pay for any and all damages done to equipment, facilities, etc. and members will be held responsible to pay for any damages their guests may cause as well.

 

16.  TRANSACTING BUSINESS: No solicitation or conducting business of any kind is permitted at World Gym.

 

17.  LIMITATION OF MEMBERSHIP RIGHTS:  Membership shall entitle the Member to the use of World Gym facilities, as set forth in this Contract.  Member and Buyer shall not have any rights regarding the operation of World Gym or services offered. World Gym reserves the right to restrict and/or eliminate multi club use between locations its sole discretion. Members must join the location that is closest to their home and pay the rates at that particular location. World Gym reserves the right to charge extra for local multi club use at any time.

 

18.  PERSONAL TRAINING:  No personal fitness instruction may be conducted at World Gym without the written approval of Management.

 

19.  ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties.   There is no reliance by Member or Buyer on any representations, oral or otherwise, not stated herein.    No modification of this Contract will be effective unless it is in writing and signed by both parties.

 

20.  CONTRACT APPROVAL:  All Membership Contracts are subject to final approval by World Gym Management.  World Gym reserves the right to refuse this contract for any reason at our sole discretion.

 

21.  GOVERNING LAW:  This Contract will be interpreted in accordance with the laws of the Province of Alberta.  If any provision of this Contract is deemed invalid, the same will not affect the enforcement of any other provision of this Contract.

 

22.  FRANCHISE: World Gym Southland is a franchisee of World Gym International, LLC, is independently owned and operated, and is permitted to operate under the name "World Gym". The Member acknowledges and agrees that the Facilities are operated solely by World Gym Southland and not World Gym International LLC. The Member acknowledges and agrees that neither this agreement nor use of the Facilities shall give rise to any right to bring a claim of any nature whatsoever or howsoever against World Gym International LLC and hereby releases any and all claims against World Gym International LLC that he or she now, or may in the future have, for any loss, injury or damages of any nature, whether arising under this agreement, from use of the Facilities or otherwise.

 

23.  BILLING ON FILE:  All members must have valid and current billing information on file at all times. Members cannot have a weekly billing membership without valid and active checking, savings or credit card on file. If member fails to provide World Gym with proper billing information, World Gym reserves the right to accelerate his/her fees for the initial 52-week term plus an additional $100 service fee penalty due immediately.

 

24.  SALES TAX:  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.

 

25.  TRANSFER/USE OF OTHER LOCATONS:  World Gym Memberships are transferable for $50.   However, all VIP members in good standing may use their World Gym Membership at any other World Gym for a period of 14 days per year at no charge.  You will need to provide the club you are planning on visiting with a World Gym “Travel Pass”.  World Gym Travel Pass is not valid at all gyms.  Please see front desk at home club for details.