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 MEMBERSHIP AGREEMENT TERMS AND CONDITIONS

 Your use of the fitness centres are governed by the terms and conditions listed in this Agreement. 

1. DEFINITIONS: In this Agreement: (i) the customer listed above and/or who signs below is referred to as “you”, “your” and “yourself”; (ii) we, our legal representatives, successors and assigns are collectively referred to as “we”, “our”, and “us”; (iii) the fitness centres operated by us under the name “FW Fitness BC Ltd.” and “FW Fitness (Granville) Ltd” are collectively referred to as Fitness World.; (iv) the “Release Form” shall mean the Waiver and Release signed in conjunction with this Agreement; (v) “Agreement” shall mean, collectively, this membership Agreement and the Release Form; (vi) “membership” shall refer to the rights of membership given to you under this Agreement; and (vii) “Minimum Term” shall mean the Minimum Term in months shown on the face of this Agreement, such term not to exceed 24 months. 

2. MEMBERSHIP TYPE: Your membership rights are determined by the membership type that you choose. Unless otherwise indicated, membership includes the following core services: (i) access, during regular hours of operation, to the locations specified for your membership type, (ii) use of most cardiovascular machines, weight training machines and free weights, (iii) certain group studio classes as determined by us from time to time, and (iv) a Goal Session. Facilities and services may vary at each location. 

3. OPTIONAL BUNDLED SERVICES: You may choose to avail of optional programs and/or services for additional fees (the “Bundled Services”). The Bundled Services offered at each Fitness World location vary, and may include, without limitation, personal training sessions, either one-on-one or group, childminding, group studio classes, guest privileges, HydroMassage®, tanning sessions, registration programs, dietary supplements and/ or seminars. Your membership includes those Bundled Services that are listed on the face of this Agreement. It may, from time to time, be necessary for Fitness World to discontinue certain Bundled Services. Where this occurs, you agree that Fitness World may, at its sole discretion, either substitute the discontinued Bundled Services for other comparable Bundled Services of equivalent value, or refund the value of the unused portion of the discontinued Bundled Services to you. You agree that any such change will not constitute a material change to the services that we provide to you provided that we continue to provide the core services described in Section 2. 

4. PAYMENT AUTHORIZATION: You authorize us to charge your credit card or debit your bank account, as applicable, for all amounts payable by you under this Agreement. A pre-authorized debit (PAD) may be revoked by you at any time upon 30 days prior written notice. Revoking your authorization will not relieve you from your payment obligations under this Agreement. You have certain recourse rights if any charge or debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. The PAD under this Agreement is a Personal PAD. We require 30 days’ notice to change bank account or credit card information. Visit www.cdnpay.ca or your financial institution to obtain more information on your PAD recourse and cancellation rights and a sample cancellation form. You agree to waive any pre-notification requirements and as such we will not provide you with pre-notification of any charge or debit. 

ANNUAL ENHANCEMENT FEE: All memberships are subject to an Annual Enhancement Fee of $49.99 plus tax which is due within the first two months of the purchase date. The Annual Enhancement fee is an industry standard fee to enhance our facilities, services, and programs for our members. We plan to continue upgrading our current locations and expanding our location base in the years to come, while continuing to offer the best fitness facilities and services in British Columbia. 

POST TERM DUES: I understand that following the expiry of my Minimum Term my membership will continue as a month-to-month membership, and that Post Term Perpetual Recurring Dues, and the Annual Enhancement Fee, will be payable by me until my membership is cancelled as provided under this Agreement. 

5. DUES ADJUSTMENTS: Both during and after the Minimum Term, you authorize us to adjust your recurring membership dues for calculation errors or changes in taxes, and annually for Consumer Price Index (CPI) increases. CPI adjustments may be made on a cumulative basis to reflect CPI adjustments not made by us in prior years. After the Minimum Term or prepaid dues period, we may, at our discretion, 

adjust your Recurring Dues, or Annual Enhancement Fee, upon giving you not less than 45 days prior written notice mailed to the postal address or sent to the email address specified above, or such other address as you may subsequently notify to us. Except as specifically provided in this Agreement, a failure by you to avail of our facilities or services will not result in a reduction of your dues payable under this Agreement. 

6. FREEZE AND TRANSFER POLICY: Fitness World does not freeze or transfer enrollment fees or recurring dues for any reason other than as follows: (a) For medical reasons, Fitness World may agree to temporarily suspend or reduce recurring payments, or Annual Enhancement Fee, upon submission of appropriate documentation and satisfaction of certain conditions; (b) A single location limited membership may be transferred to another single location for a $20 transfer fee (limited to one transfer per member); and (c) In extraordinary circumstances Fitness World may agree to reduce recurring club membership dues to 50% of current fees to enable you to maintain the membership during period(s) of non-use. Please contact the club for appropriate submission forms. 

7. ADMINISTRATION FEES: 

1. Amounts not paid in full within 30 days of their due date will be subject to a late payment charge of 2% of the unpaid amount per month or $2.00, whichever is greater. 
2. With the exception of NSF or returned amounts satisfied by further bank debits, a $25.00 collection charge is applied to all returned payments. 
3. Recurring payments and Annual Enhancement Fees, other than those paid by PAD or pre-authorized credit card charge, are subject to an additional $5.00 service fee per payment plus applicable taxes. 
4. Upon payment default, we may declare the whole or any part of the balance of the Enrollment Fee(s), and Recurring Dues for the duration of the Minimum Term, to be immediately due and payable. 

8. CO-SIGNER: Where this Agreement has been signed by a Co-signer and/or when membership is purchased as a gift, the Co-signer agrees, as primary debtor and not merely as guarantor or surety, to pay all amounts required to be paid to Fitness World as and when due and to otherwise perform all of the Facilities and Services User’s obligations under this Agreement. The liability of the Facilities and Services User and the Co-signer under this Agreement shall be joint and several. Co-signer must be a legal guardian/parent over age 25 for User below age 19 (yet meets FW Fitness BC Ltd. age requirements). 

9. FACILITY ACCESS: A listing of the Fitness World locations applicable to your membership type can be found on our website (www.fitnessworld.ca) or obtained at any Fitness World facility. Fitness World may, from time to time, change the locations applicable to your membership type for reasons that include, but are not limited to, the expiry of a lease, the opening of a new location, and/ or damage caused to a facility by fire, act of God, pandemic, catastrophe or accident. Should the Fitness World location to which you made your application for membership become unavailable for your use for any reason, you agree to use another reasonably comparative Fitness World location not more than 30km from that location. Equipment and classes are subject to demand and are available on a first-come first-served basis. There may be occasions, especially during peak hours, where you may experience delays in using equipment, or be precluded from attending a class. 

10. PERSONAL CONDUCT: (a) You agree to abide by the rules and regulations of membership as determined by Fitness World from time to time, a complete copy of which is posted at each Fitness World location. (b) You agree that while you participate in services and facilities your conduct will be such that it presents no danger to other members or staff, and does not interfere with the quiet enjoyment of the other members or staff, or disrupt the staff in performing their duties. 

11. POLICIES, FACILITIES AND PROGRAMS: From time to time, we may introduce new facilities or programs, available to members for an additional fee, make reasonable changes to the days and hours of operation or publish and amend policies and regulations. 

12. PRIVACY: Fitness World collects your personal information primarily for the purpose of providing you with the services and / or the facilities contemplated under this Agreement. Fitness World may contact you about your membership account or to conduct market research & surveys in an effort to continually improve our product and service offerings. Fitness World or a third party engaged by Fitness World may conduct personal credit investigations, or report your account information to a reporting bureau, for the purposes of collecting overdue amounts and updating appropriate credit information. 

13. REPRESENTATION: You represent and warrant to us that (a) all information supplied by you in this Agreement is true and (b) you are in good health and have no medical condition that will prevent you from engaging in exercise or that will increase your risk of injury or harm should you engage in exercise. We recommend that you consult with your physician before under-taking any exercise program. 

14. MEMBER RIGHT OF CANCELLATION: This Agreement is subject to the Business Practices and Consumer Protection Act which provides consumers with cancellation rights under section 23 and section 25. You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this Agreement. You do not need a reason to cancel within this period. If you cancel this Agreement, Fitness World has 15 days to refund your money. If you send the cancellation notice by mail or email, it doesn’t matter if Fitness World receives the notice within the required period as long as you sent it within the required period. After the Minimum Term (excluding reasons denoted under section 16), you may terminate your Membership Agreement by providing at least thirty (30) days’ written notice to Fitness World delivered by email, registered mail or personal delivery. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. Fitness World shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than thirty (30) business days after the cancellation notice is received by Fitness World; provided, however, notwithstanding the foregoing, you shall still be liable for the full amounts of the ANNUAL ENHANCEMENT FEE if you cancel your membership within the first 60 days. If the cancellation cannot be processed prior to the scheduled date of the charge, Fitness World shall refund the charged amount. 

15. FITNESS WORLD RIGHT OF CANCELLATION: Fitness World may cancel this membership at any time, for any reason, upon giving you not less than 30 days prior written notice mailed to the postal address or sent to the email address specified, or such address as may be subsequently notified to us by you. Should Fitness World, other than in circumstances contemplated under Section 10, cancel this membership during the Minimum Term, a pro-rated portion of any dues or Enrollment Fees will be refunded. 

16. MATERIAL CHANGES: The Business Practices and Consumer Protection Act may permit you to cancel your membership if a material change occurs in your personal circumstances, or if there is a material change to the services that we provide to you. For this purpose, a “material change” includes (i) moving your residence to a location that is more than 30 KM away from the nearest Fitness World location or (ii) suffering a physical, medical or mental disability, substantiated in writing by a medical practitioner, or nurse practitioner, that results in continued participation of our services or facilities being unreasonable due to likely risk to your health. Should you discontinue your membership as a result of a material change, any fees owed by you for services rendered prior to cancellation, must be paid in full. 

17. GENERAL: 

1. The Release Form shall form part of this Agreement and shall be read and construed together with this Agreement. Fitness World may, from time to time, update the Release Form, and you may be required to sign the current Release Form as a condition to you continuing to use our facilities and services. 
2. You acknowledge that this Agreement, the Release Form and other forms completed at the same time as this Agreement, constitute the entire Agreement between you and us regarding your membership, and that, other than as contained in this Agreement, neither we nor any of our representatives or employees have made any express or implied representations or warranties to induce you to enter into this Agreement (including, without limitation, that our programs, facilities, or advice have been or are approved by any medical authority). 
3. Other than as expressly provided herein, neither you nor we may change this Agreement unless such changes are agreed to in writing signed by both you and us. 
4. The obligations of the Facilities and Services User and any Co-signer under this Agreement are personal and may not be assigned or transferred except as provided hereunder. Fitness World may assign all or any part of its rights and obligations under this Agreement to another person or company. 

ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS AGREEMENT 

PLEASE READ CAREFULLY. 

By signing this document, I am waiving certain legal rights, including the right to sue or claim compensation from FW Fitness BC Ltd. and FW Fitness (Granville) Ltd. dba Fitness World (the “Fitness World Club”). 

ASSUMPTION OF RISK AND INFORMED CONSENT 

I am joining the Fitness World Club to engage in physical activity and exercise, including fitness classes, weight training and the use of Fitness World Club facilities, equipment and services. I acknowledge and agree that this Agreement covers every activity I may participate in at any Fitness World club and any facilities, equipment and services that I may use either inside or outside any Fitness World facility. I am aware that this is potentially hazardous and involves many risks including but not limited to: heart attacks; strokes; physical injuries; property damage; and NEGLIGENCE ON THE PART OF THE FITNESS WORLD CLUB, INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN PHYSICAL ACTIVITIES AND EXERCISE AND FROM USING FITNESS WORLD CLUB FACILITIES, EQUIPMENT AND SERVICES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ANY LOSS RESULTING THEREFROM. 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration for accepting my application for membership and permitting my use of Fitness World Club equipment, services and facilities, and for other good and valuable consideration, I agree: 

1. to waive any and all claims that I have or may in future have against the Fitness World Club and its directors, officers, employees, agents, members, guests and representatives (defined collectively as the “Releasees”) and to release the Releasees from any and all claims and liability (except as prevented by statute) for any injury, loss, damage, cost, or relief of any kind due to any cause whatsoever, including: claims in any way connected with the Fitness World facilities, equipment or services; negligence; gross negligence; vicarious liability for any other person’s act or omission; or breach of any statutory or other duty of care by or on the part of the Releasees, including under the Occupiers Liability Act, R.S.B.C. 1996, c. 337. 

2. not make any claim against any other person or entity that may result in a claim against the Releasees and I shall hold harmless and indemnify the Releasees from any and all such claims, whether for damage to the property of or personal injury to any third party. 

3. to hold harmless and indemnify the Releasees from any and all claims made against them by any person who is not a Fitness World Club member that I invite or accompany to use any Fitness World equipment, facilities or services, or to participate in Fitness World Club activities of any kind, including claims for damage to property or personal injury. 

4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives. 

I have read and understand this Agreement. In signing this Agreement, I am