Bigode Martial Arts & Fitness - General Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY
About this Agreement: (the "Agreement").
The Member is referred to as "you" or "the Member" and Bigode Martial Arts and Fitness Inc. is referred to as "us", "we" or "Bigode". This Agreement is legally enforceable. Please read everything carefully.
1. Our Responsibilities:
By accepting this Agreement, subject to the terms set out in this Agreement, we accept you as a member of our fitness facility. You will have the right during the term to use the facilities and services which you have purchased during our posted hours of operation.
2. Your Membership Privileges:
Access to all Bigode classes, including use of a) cardio-vascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes, d) changeroom facilities.
3. Term: This Agreement commences on ________________ and expires on ________________ (collectively, the "Commitment Period"). Following the expiry of the ten (10) day cancellation period noted above, you may not cancel your membership before the expiry of the Commitment Period or put your membership on hold during the Commitment Period.
4. 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, without limitation, 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 behalf of your personal representatives, heirs, estate trustees or assigns) to: a) release, indemnify and discharge Bigode, together with its owners, officers, directors, agents, employees or independent contractors (the "Released Persons"), from any and all claims or causes of action (known or unknown) which you may have arising out of your use of the Facility and including, without limitation, those arising out of the negligence of a Released Person; 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, without limitation, your negligence, while at the Facility, while participating in any programs offered by the Facility, whether at the Facility, your residence or elsewhere. We, Bigode, are not responsible for any damage to, loss or theft of your personal property.
5. Fees: You and Payor agrees to pay us all Fees when due, irrespective of the amount of use you make of the Facility. 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 for which extra charges apply.
6. Pre-Paid Memberships: Under the pre-paid membership the member is allowed to put their account on hold for one month at no cost once per calendar year. All holds will be offered in monthly increments only. Any additional months requested for holds in the calendar year must be approved by Bigode management and are subject to a $15 per month administration fee. Please note that an account hold does not pause the term of the contract, we are simply adding a bonus amount of time to the end of your contract term. Memberships are non-transferrable.
7. Monthly Memberships: Under the paid-monthly membership, the member is allowed to put their account on hold for one month at no cost once per calendar year. All holds will be offered in monthly increments only. Any additional months requested for holds in the calendar year must be approved by Bigode management and are subject to a $15 per month administration fee. Monthly payments will continue even during the membership hold period, and the approved hold time will be tacked on to the end of the membership period. Should the member wish to no longer train at Bigode they are still responsible for the remainder of their term of the Agreement except as provided for under the Business Practices and Consumer Protection Act as set out above. If the member does not exercise a cancellation right under the Act, then their options are to simply continue to pay the monthly fee until the term of the agreement expires, or to cancel and immediately pay 2 months of the remaining balance of the contract.
8. Rules on all Memberships: Options: Both the pre-paid and paid monthly memberships entitle the member to have full use of their purchased Bigode services as long as their payments are up to date. The current rates are only secured for the duration of the term of their current membership, and Bigode reserves the right to increase membership fees at any time, and upon the renewal period of the membership, the new rates would then apply. On memberships longer than one month, 30 days written notice must be given by the member to Bigode, if the member chooses not to renew their membership. If the member would like to renew their membership, they must notify the staff as to which plan they’d like to subscribe to prior to the time of renewal, otherwise the member will automatically be renewed under the month to month Contract at the posted rate in Bigode. The members payment method will be charged at the time of renewal date and is subject to all the terms of this agreement. Bigode reserves the right to change the class schedule as needed.
9. Exceptions Policy: Exceptions are at the sole discretion of the Bigode Martial Arts and Fitness owners.
10. Membership Term: I agree that I will maintain membership and pay the dues specified in my signed membership agreement. I agree that I will be liable for dues for the entire Term of this agreement specified in my signed membership agreement in the amounts as stated herein regardless of usage. I agree that my membership benefits are exclusive to me and are in no way transferable to anyone else. I will comply with all the rules and regulations of Bigode. I hereby agree that if Bigode, is unable to process my payment from the designated account provided by me, Bigode is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained in this agreement. In addition to any rights and remedies it may otherwise have, Bigode may terminate this Agreement at anytime with written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within seven days after receiving notice of such failure. Failure to attend the Classes does not relieve me of the obligation to pay the full agreed upon price for the program, membership or classes in which I am currently enrolled. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement. I acknowledge receiving a copy of this Agreement and I am aware that a copy of this document is available online on my member profile page.
11. Age Limitations: Members under the age of 18 are not permitted to attend any Facility during hours that the Facility is unstaffed. Other restrictions also apply to Minor's use of the Facility. Please ask our staff for details.
12. 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 a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuisance 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, your obligation to make payments under this Agreement will be suspended for the duration of your membership suspension. We do not allow any business activity or solicitation at the Facility. In particular solicitation of any business competitive with our business (including personal trainer 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 policy).
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 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 and facilities 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.
14. Respect: The team at Bigode Martial Arts and Fitness has worked hard to provide the members the best training facility they can, and as a result we expect the members to treat the equipment, members and staff with respect. We understand that equipment has a natural life cycle, and will receive wear and tear over the course of being used, but abuse of the equipment (including but not limited to the terms outlined in the code of conduct section below) that causes damage to the equipment or the facility in any way will be assessed at replacement value and the cost passed onto the member who caused it.
15. Code Of Conduct:
Please find the rules that we follow at Bigode Martial Arts and Fitness:
Don’t drop the weights (dumbell, kettlebell, barbell) from above the knee.
Clean your space after you use it. Put all of your equipment back in its original spot
Don’t hang off of the punching bags or uppercut bags.
Don’t throw any equipment at the ceiling.
Respect all members, staff and the equipment.
16. Independent Contractors: The services of independent contractors may be available through the Facility. These services are not offered by Bigode nor do they form part of this Agreement. You must make a separate agreement with an independent contractor if you wish to purchase his/her services. We do not warrant or guarantee the quality of these services or that they will be continuously available. Please ask our staff for details.
17. Warranty: We warrant that the services supplied under this Agreement are of a reasonably acceptable quality but otherwise make no warranty or guarantee regarding the facilities and services that will be available to you under this Agreement.
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 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
19. Telecommunications: From time to time Bigode may contact you directly by telephone, mobile or fax number or e-mail 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 e-mail marketing and automated telephone messages) of goods, services and special offers that may be of interest to you. By signing this Agreement, you consent to receiving such communications. You may withdraw this consent at any time by calling Bigode at 1-613-668-5122.
20. Photos & Likeness: Bigode will often take photos and video of its members during workouts or special events, and may choose to post the photos on the website or social media sites. The member agrees that his or her imagery and likeness are approved for Bigode to use for any purpose pertaining to the general nature of the industry. There is no compensation for any imagery or likeness used in any form whether promotional or commercial.
21. No Verbal Agreements: There are no promises, representations, understandings and/or agreements between us other than this Agreement. Any changes must be in writing, signed by both you and Bigode.
22. Assignment by Member: This Agreement is personal to you. You may not assign or transfer this Agreement to anyone else. Any attempt to sell, assign, or transfer this Agreement is null and void and may, at our sole option, result in cancellation of your membership immediately without any refund.
23. Assignment by Bigode: We may assign this Agreement to another company or person at our discretion, and the term "Bigode" 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 Agreement.
24. Limitation of Damages: Your entitlement to damages, costs or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
25. Severability of Provisions: The provisions of this Agreement are severable. If a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose at any time not to enforce a particular provision, we will still have the right to later enforce such provision.
26. Governing Law: This Agreement is governed by the laws of the province of Ontario in which Bigode is located and the laws of Canada applicable therein.
27. Legal: The member signature on this membership agreement allows Bigode to charge the payment method (credit card or EFT submitted by the member) for any dues owed under this contract, and states that the member agrees to the terms and conditions of the membership. Members must abide by these terms and conditions which are displayed on the Bigode website. The terms and conditions may be updated from time to time and it is the responsibility of the member to stay up to date on the terms. The member signature on this membership agreement allows Bigode to update the GENERAL TERMS AND CONDITIONS 1-27 of this agreement.
I hereby agree to waive any claim upon any of Bigode Martial Arts and Fitness coaches and instructors or any of its staff or fellow students, in the event of any injury that may be sustained while undergoing training, exercises and drills as so directed by Bigode Martial Arts and Fitness coaches or instructors. Bigode Martial Arts and Fitness coaches, instructors and staff are not responsible for lost or stolen articles.
I hereby release Bigode Martial Arts and Fitness coaches, instructors and staff from all claims arising from the participation of any program that Bigode Martial Arts and Fitness offers. Programs taught at Bigode Martial Arts and Fitness are combat oriented systems and therefore participants run the risk of injury while participating in the program’s exercises and drills as directed by Bigode Martial Arts and Fitness coaches or instructors. All Payments are non refundable. Bigode Martial Arts and Fitness reserves the right to dismiss any student for inappropriate behavior.