Member Agreement & Waiver

UPDATES: SEPTEMBER 6 2018
PARTIAL EFFECT AS OF THIS DATE; FULL EFFECT AS OF OCTOBER 15 2018

 

Changes to the contract verbiage are as follows:
Section 13 (4) Holds: The member may put the membership on hold for up to 2 weeks per year (a year being 52 weeks exactly for the purposes of this agreement).  The Member also understands that there is a charge for any additional weeks of $40 / week + GST.  Any hold circumstances extending beyond the offered amount of 2 weeks can be reviewed by management at their discretion and will only be granted with management approval.  
Section 14 (4) … At the calendar month rollover date (Supply Date) the Member understands that the sessions reset, and do not roll over for any reason.  Any delays or absence from the program must be addressed through management, and any remedy offered by SSC must be management approved.  
Section 16 (1) *being renamed Section 16 (1a) 
Section 16 (1b) *new section* First Month Clemency – SSC maintains the right to cancel the Member’s contract within the first 30 days, if management deems it necessary due to any extenuating circumstance on the Member’s part.  The Member may request this clemency on their contract, and – if approved by management – will be free of this contract, with nothing owing on the remainder of this contract.  There is no refund for the first month’s payment available. 
Section 16 (4b) A cancelation fee equal to 50% of the next month and 30% of the remaining months will be levied on the Member’s account.  *The remainder of this section remains.* 

The following terms and conditions along with the Membership Agreement Signature Page constitute the full Member Agreement for participation in services at Strong Side Conditioning in New Westminster, BC Canada.

By signing the above-noted form, you are agreeing to this entire agreement in full and without exception.

This Membership Agreement (“Agreement”) is between the business Strong Side Conditioning (see section “Business Name” below for further information) & the Member.  Member is understood to mean the individual that has signed the SSC 1-sheet + Signature Agreement page OR the existing Member Agreement (SSC Membership Agreement: Revisions 1.0-8.4).  The Member understands that the agreement page and the information provided on this page make up the entire membership agreement, and may not be considered separate for any purpose. 

The Member acknowledges that they, of their own volition, wish to participate in the exercise and training programs offered by SSC and agree to the terms and conditions in the following pages.

  1. Business Name.
    “Strong Side Conditioning” is the trade name of this business. For all legal purposes, the business name is Sider Strength & Conditioning, Ltd. DBA “Strong Side Conditioning”. All marketing and business-related materials will use the common “Strong Side Conditioning” or “SSC”. SSC, Strong Side Conditioning and the Strong Side Conditioning shield logo (example on the main page of this website) are trademarked and copyrighted.
  2. Supply Date. 
    The Member agrees that the Supply Date is the first day of the use of Services (section 4) at the facility of SSC, or in the case of offsite programming, the calendar date that Services are booked
  3. Use of Facility and Release/Waiver of Liability.
    The Member acknowledges and agrees that the use of Facility, including the use of all equipment and services provided by SSC, is subject to risk.  The Member acknowledges accepting the risk of injury or death and acknowledges being medically cleared for participation in an exercise regime.  SSC shall not be responsible for any adverse action or incident occurring to a Member, directly or indirectly, relating to the use of the facility or of any equipment or services provided by SSC.  The Member acknowledges the following paragraphs and agrees with full understanding these important terms set forth by SSC before using the Facility. The Member agrees that this section will survive any cancellation or termination of this Agreement.
  4. Termination of Services (Membership) by SSC.
    SSC may terminate this Membership Agreement at any time without notice should a Member fail to observe SSC’s rules and regulations, fail to pay fees, or for any reason whatsoever in SSC’s sole discretion. In such an event, SSC has the option to review the account and standing of the Member, and in cases where deemed appropriate refund the prorated membership fees in accordance with the cancelation section of this agreement, or proceed with debt recoupment procedures in-house or send the debt to collection services to attempt to settle outstanding balances. Should the Member be involved in any activity contradictory to this agreement or laws of the Province of British Columbia, Canada or New Westminster, SSC can choose to file charges to protect it’s own interests, those of the staff, other members, or public, or cooperate with any law enforcement agencies requests in matters that have caused SSC to terminate the Member’s membership.
  5. Rules and Regulations.
    The Member acknowledges and agrees with SSC that the facility brings together a community of interests. To balance the interests of its members, SSC has facility rules and regulations included in further sections of this agreement. These rules and regulations ensure that members conduct themselves respectfully at all times while using the facility. The Member acknowledges being made aware of SSC’s rules and regulations and agrees to strictly comply with same. The member further acknowledges and agrees that SSC may, from time to time, and at any time, amend or adopt its rules and regulations at its sole discretion.
  6. Fees.
    The Member agrees to pay to SSC all fees, including Membership Fees and Ancillary Services Fees, Late Charges or Penalty Fees as and when due, without deduction, setoff or delay.  The Member agrees to allow SSC to charge the Member’s bank account or credit card on file as a payment method for these incurred fees.  SSC reserves the right to modify its fees for existing Members from time to time, provided it has posted notice at the Facility at least 30 days in advance of any proposed fee change.  If SSC prescribes a fee change, such change shall only be effective upon the Member’s remaining payments to SSC and shall not be retroactive. The Member agrees that this fee increase will be added to the monthly membership fee to keep service levels and equipment to an expected level.  This fee will be enacted on any Member past their initial term of membership, and can added to memberships at the end of the contract term, when the contract is month to month.  The Member agrees that all payments will be made for fees incurred at SSC within 48 hours of the fee being incurred by or on behalf of the Member.  Further sections of this Agreement detail the payment procedure and protocols.
  7. Information Collection and Consent.
    All information collected by SSC remains confidential within SSC’s database, and will not be shared with any third party – unless a proper judicial, police or legal request is made for information by official decry (like a subpoena or warrant.)  In these cases, if available legally, the Member will be made aware of SSC’s requirement to share the Member’s information.
    Within the ecosystem of SSC, and because of the system SSC has developed for the Member’s benefit, the data collected on the Member will be available to all SSC staff in order to provide the Member with the best service and assistance available.  By signing the Member Agreement Signature Sheet or pre January 2018 Member Agreement on the last page, the Member is consenting to the sharing of all data collected about the Member by and through SSC with SSC staff.  This is a vital component of the SSC service structure and is non-negotiable, cannot be struck from this contract and is not available to be modified in language or definition.
  8. Member Notice.
    This is a binding Agreement between SSC and the Member.  Each party to this Agreement is expected to perform it’s obligations fully and faithfully.  Where a Member is unable to perform his or her obligations, please refer to the Cancelation section of this Agreement for circumstances by which cancelation of this Agreement will be considered by SSC.  Should SSC not be able to provide all services offered to the Member, for any reason, the Member agrees to hold SSC harmless for any and all damages that may be incurred.
  9. Costs.
    There is no opportunity of Membership cost decrease outside of these rates set and or calculable on the Contract Worksheet in the agreed structure of discounts (whichever is lowest), except in the case where any offers are made without solicitation or duress by the management of SSC.  The prices are non-negotiable by sales staff or training staff of SSC, and any offers made outside of the scope of any offer availed by management, or without permission of SSC management will not be honoured.  Discounts options will be available either at the facility, on a specific web-page on the SSC website or can be explained by SSC staff.
  10. Services.
    In consideration of the payment of the initiation and membership fees (“Fees”) set out on page 1 of the pre January 2018 paper agreement (which this agreement text supersedes), or of the Member Agreement Signature Sheet (post January 2018) SSC agrees to provide to the Member non-executive use and access to SSC’s fitness facility at the address of 739 Carnarvon Street New Westminster BC V3M1E6, or at the new registered address of SSC should the address change from the location or should this facility be moved (“Facility”). Further, SSC agrees to provide the Member use of SSC’s gym equipment and machinery within purchased package parameters (“Services”) chosen by the Member during SSC’s posted business operation hours.
    The Member acknowledges and agrees that Membership Fees paid by the Member do not entitle the Member to any other services including, but not limited to, additional coaching sessions, onsite personal training, fitness classes, nutrition/wellness coaching or NKT (AKA: “Ancillary Services”).  Ancillary Services are available to Members at a preferred rate of publicly advertised costs from SSC.
    This contract is for the business located at 739 Carnarvon Street New Westminster BC V3M1E6 – and this contract is agreed by the Member to be in full force and effect with no modifications or exceptions, save for those added in due course by SSC in the future, which the Member agrees to per this agreement.
    The Member also agrees and understands that the services are offered on a number of visits per week basis.  So signing up for the 3x per week program grants access to the gym 3 times per week. If the Member can not attend 3 times in one week for some reason, they are free to negotiate the addition of more visits the next week or weeks to make up the difference, or to discuss the options of a hold (whether future or retroactive) with staff.  It will be at the staff’s discretion as to whether to allow the additional visits or holds.  All decisions by staff in these instances will be reviewed by management and can be changed to better accommodate the business’s needs without notice to the staff member and with reasonable notice to the Member. SSC may, at any time, or for any reason, alter its hours of operation or add, modify and/or eliminate any program, facility, activity, class or service. The Member agrees to direct any questions about these rules, regulations and any changes thereto to the management of SSC.
  11. Term. 
    The Member is agreeing to a specific term of time, (3 months, 6 months or 1 year) to be bound into this agreement with the understanding that there are consequences for canceling within this term set out in later clauses of this document.  The Member agrees, consents and directs SSC to renew this agreement on the first month following the term’s end (after the Supply Date), on the same terms and conditions set out – except that the term shall be monthly at the agreed rate for the time specified in the term, (with discounts at intervals agreed in the selected option of the “Services” section of this agreement) until the earlier of a new Agreement or term is agreed by SSC, or until the Member provides notice within the parameters of the Cancelation section of this agreement.  The “Contract Month” is the month starting on the Supply Date monthly and ending on the day previous to the next month start (based on supply date). Example: A contract month for an agreement signed August 5 would go from August 5 – September 4.  In the case that an agreement is signed on a 29th, 30th or 31st day of any month, the last day will become the last calendar day of any month respective.
  12. Use of the Facility and Release/Waiver of Liability.
    The Member acknowledges and agrees that the use of the Facility, including the use of all the equipment and services provided by SSC is subject to reasonable and unusual risk. SSC shall not be responsible for any issue, adverse action or incident occurring to a Member, directly or indirectly, relating to the use of the facility or the use of any equipment / service of SSC.  The Member acknowledges and agrees to read, understand or seek understanding of the following paragraphs prior to participation in any service or in the use of any equipment on the premises of or at the behest or instruction of staff of SSC.

    • There are inherent risks in participating in a program of strenuous exercise. Consequently, the Member, the member, have been examined by a physician of the Member’s choice and have obtained their approval or the Member’s participation in a program within 60 days prior to the supply date. No change has occurred in the Member’s physical condition since the date approval was given that may affect the Member’s ability to participate in a fitness program. If the Member have not been examined by a physician, the Member agree to be examined by a physician within 60 days of the supply date to obtain his or her approval for the Member’s participation in a fitness program. The Member agrees to release SSC and its owners, agents, assigns, officers, employees, and representatives from any and all liability, claims or causes of action which are, or may be incident to, or arise from the Member’s participation in SSC’s programs and services or the Member’s attendance at the Facility. This release shall be binding upon the Member’s heirs, executors, administrators and personal representatives.
    • The Member certify that the answers to any questions regarding the Member’s physical condition, including those contained in the Free Assessment form and any other forms filled out by  are true and complete to the best of the Member’s knowledge. The Member acknowledge that the Member may be asked to seek medical clearance if the Member has answered “YES” to any of the questions relating to any potential health risk, or – of the Member’s own volition and without influence from SSC staff, the Member have decided to voluntarily engage in physical activity and use SSC’s facility without having such permission and understand the risks inherent to that decision, and agree to hold SSC harmless for any injury/damage/other incurred due to the Member’s decision.  The Member understand and agree that it is the Member’s responsibility to inform SSC staff of any conditions the Member have or changes in the Member’s health, now and ongoing, that may affect the Member’s ability to safely participate in an exercise program, and within minimal risk of injury.  This also will affect SSC’s ability to program for the Member, and the Member understand that the Member’s health information is integral to SSC’s effective programming.
    • The Member is not obligated to perform or participate in any activity that the Member does not wish to, and the Member may refuse to participate at any time during the Member’s coaching sessions.  The Member understands that should they experience any pain or discomfort, or become lightheaded, faint, dizzy or nauseated, the Member must cease participating in the activity and inform SSC staff immediately, and further follow the instructions of any staff member or first-aid attendant.  If deemed necessary or discretionary by SSC staff, the staff may render first aid or have emergency services attend.
    • The Member understand that the Member are required to follow all instructions and rules for safe participation, and that the sole responsibility for the Member’s personal safety remains with the Member. The Member expressly acknowledge that, while using SSC’s facilities and services provided by SSC, the Member will be engaging in physical activity and exercise that involves risks of injury to persons and property. Such risk of injury or death includes, but is in no way limited to: injuries arising from the Member’s use of exercise equipment & machines; injuries arising from the Member’s participation or that of others in supervised or unsupervised activities or programs at SSC’s facility; injuries such as wounds, sprains, strains, torn/pulled tendons/ligaments, broken bones, head/back/neck/foot and other injuries to the Member’s body; medical disorders arising from exercising at SSC’s facility such as heart attacks, strokes, heat stress and others known or unknown; and any accidents or injuries that occur anywhere in SSC’s facility or adjacent areas of SSC’s responsibility, or while on route to or from SSC’s facility.
    • The Member authorizes SSC to release their personal information, including the Member’s name, address, phone number, date of birth and any other information (including emergency contact information) to emergency services personnel or governmental agency in the event of a medical emergency, natural disaster or any lawful circumstance where deemed appropriate by SSC or when compelled legally.
    • RELEASE: The Member, for their person, heirs, executors, administrators, assigns, personal representatives or anyone else who may make any claim on the Member’s estate’s behalf hereby agree to forever indemnify and hold harmless, release and forever discharge SSC, it’s affiliates, officers, agents, directors, employees, shareholders and landowners in both their official and personal capacities from any responsibility and any or all liability, present and future claims, demands, losses, actions, causes of action or damages on account of personal injury, death or damage to property arising out of, incurred in connection with, or related in any way to SSC or it’s representatives.
  13. Monthly Payment Processing Authorization. The Member agree to give SSC EFT or Credit Card information to hold on file and use for services rendered.  The Member also hereby authorize SSC to use the EFT (chequing) or Credit Card information on file in the computer program of record to process payment every month prior to the services the Member’s contractually obliged to (“dues”) being rendered. Further, the on file payment information can be used for any retail or ancillary service purchases, unless the Member express the Member’s preference of a different payment method at the time of the transaction.
    1. Payment and Program Relationship:  There is no correlation between payments made and program length, visits made or allowed, or services rendered per month.   The payments are a monthly membership fee and are exclusive of the programming, coaching, supervised visits, and any training done by the client.
    2. Methods of payment: SSC bills its Members on a monthly basis and payment must be made on or before the rollover of the Supply Date noted on the Membership Agreement Signature Sheet (Post January 2018) or the Membership Agreement (Pre-January 2018).  Payments are made monthly by credit / card or EFT.  If the Member wishes to pay with a different method for the monthly dues, the Member must do so with an accepted payment method (cash, debit card or credit card {Visa/MasterCard}) prior to the Member’s monthly rollover date.  Arrangements outside of this scope are available only under dire circumstances as deemed solely by the management of SSC.  An additional fee will be administered for these arrangements for the added work associated with processing these fees manually.
    3. Dishonoured or Late payments: The Member authorize SSC to debit the Member’s bank account or credit card provided for all fees, taxes, dishonoured payment fees ($35.00/occurrence) and late payment fees (2% per month, compounding annually.) The Member understand that payment for services does not constitute any rights or influence in the affairs or decisions of the company, management, staff or any other aspect of the business.
    4. Holds: The member may put the membership on hold for up to 2 weeks per year (a year being 52 weeks exactly for the purposes of this agreement).  The Member also understands that there is a charge for any additional weeks of $40 / week + GST.  Any hold circumstances extending beyond the offered amount of 2 weeks can be reviewed by management at their discretion and will only be granted with management approval.  Any other hold lengths or circumstances will only be offered to be reviewed by management at their discretion and may only be granted by management.
    5. Changes to the Member’s Method of Payment: If the Member decide to change the Member’s current method of payment, the Member must notify SSC at its current address in person or by telephone a minimum of 15 days prior to the payment date of the Member’s dues with the new payment information available at that time. The Member understand that not giving adequate time for this change will constitute a violation, to which terms and conditions are set out below. The Member further understand that payment options accepted by SSC may change over the course of the Member’s membership or through time as a part of the normal course of business. SSC will provide the Member with notice of any changes to the Member’s payment option should it affect the Member, otherwise a general notice on the premises will be posted to announce the new payment options. If the Member’s form of payment is not available anymore, SSC will contact the Member with as much notice as is reasonably possible (dependent upon circumstance), and the Member agree to provide at that time a new form of payment to continue to honour this agreement.
    6. Violations: The Member understand that if the Member violate any of the terms and conditions laid out in this Agreement, including any addenda or schedules attached hereto, SSC may suspend or terminate the Member’s membership per the clauses contained in this Agreement. At that time, SSC will charge the Member’s EFT account or Credit Card on file for the full amount owing as well as any other charges per the terms of this Agreement.  Further, the Member understand that if the Member default on any payments, the Member will be charged a late payment fee (set out in this agreement).  If any payments are marked by the financial institutions as “suspect or fraudulent” on either the financial institution’s part or the Member’s, SSC will charge a dishonoured payment fee per the above-mentioned statement.
    7. Collections: The Member understand that if the Member default on the payment and do not pay within the terms set in paragraphs 7 and 13A, B, C, D & E of this Agreement, SSC could first suspend the Member’s privileges and then will make attempts to contact the Member to have the Member pay the Member’s outstanding balance.  After a reasonable amount of civil attempts have been made, the Member understand that SSC may follow up by contracting a third party collections agency to recoup the lost revenue, which could negatively affect the Member’s credit score, or – if deemed necessary by SSC – with legal action, at which point the Member agree to pay all incurred costs including, but not limited to, outstanding balances owing on the Member’s account, late fees, collection fees, court costs and SSC attorney’s fees.
    8. Cost Changes: The Member understand and agree that the agreed cost of membership and all services agreed to therein noted on the Membership Agreement Signature Sheet (Post January 2018) or the Membership Agreement (Pre-January 2018) is protected for the duration of the initial contract term that the Member has agreed to, so long as the Member’s membership in good standing.  If any interruption to the Member’s monthly payments occurs (outside of SSC management-sanctioned interruptions), the Member agrees that they will start at the rate offered at the time of their return, also known as the Current Market Rate.  Further, there may be changes to the rates offered to members per the “Costs” section of this agreement.
  14. Coaching, Scheduling, Guarantees, Advice, In-house Media, Etiquette, Intellectual Property & Communication.
    1. The Member understand that all “Services”, Coaching/Training sessions and ancillary services are non-transferrable and non-refundable except in strict compliance with the cancelation section and any other relevant section of this agreement.
    2. SSC operates on a prescheduled appointment basis for the coaching and drop-in sessions included in the Training Packages offered by SSC. SSC requires that the Member provide 24 hours’ notice in advance of the scheduled time when cancelling a session. Sessions cancelled with such notice may be rescheduled for another date that is not more than one calendar month from the date of the cancelled session. The Member understand that it is to the Member’s benefit to reschedule the Coaching Session within the same week as the cancelled session. If the Member cancel with less than 24 hours’ prior notice, or if the Member do not complete the Member’s rescheduled session within the calendar month of days, the Member will not be granted the make up session for the missed one.
    3. The Member understand that all coaching (coaching training) sessions offered by SSC are 55 minutes in length.  The Member understand that if the Member arrive late, for any reason, the Member may not receive the full session and SSC is not obligated to provide a full session with the Member’s trainer.
    4. The Member’s monthly membership includes both Instructional Training sessions and drop in sessions as part of the monthly membership, but this does not guarantee in any way that the Member will complete these sessions every month. At the calendar month rollover date (Supply Date) the Member understands that the sessions reset, and do not roll over for any reason.  Any delays or absence from the program must be addressed through management, and any remedy offered by SSC must be management approved.
    5. During the coaching training sessions, the Member’s trainer may be required to use “touch training” to correct alignment and/or focus the Member’s concentration on a particular muscle area to be targeted.  If the Member feel uncomfortable or experience any type of discomfort with touch training, the Member will immediately request that the Member’s trainer discontinue use of this technique.
    6. SSC staff work as a team, and trainers are not exclusive to clientele.  The Member may have a specific trainer that writes the Member’s programs (this is at the discretion of SSC management), but this does not grant exclusivity between that trainer and the Member as a client.  During the Member’s scheduled Coaching session, a trainer currently working on the floor will be assigned to the Member. The Member further understand that in the event that the trainer who has done the Member’s programs is no longer employed by SSC, SSC will assign another trainer to oversee the Member’s client file and this will not affect the Member’s ongoing Coaching sessions.
    7. The Member understand that during the Member’s Instructional sessions, the Member’s trainer may – at times – assist other Members with their workouts to ensure the quality and safety standards at the facility.  The Member understand that this same benefit will be extended to the Member during the Member’s drop-in sessions.
    8. The Member understand that results from any fitness program cannot be guaranteed.  The Member’s progress depends upon the Member’s effort and cooperation, in and outside of the sessions.  The Member understand that SSC makes no claims, warranties or guarantees about the outcome of the Member’s time at SSC.
    9. The use of any nutritional supplements is done under the Member’s own will and has not been prescribed by the staff of SSC.  If supplements are offered for sale at SSC, they are sold at retail cost and information about them will be available online from the respective suppliers.  Any nutritional discussion with or given by staff at SSC is general and based on publicly available information, and shall not be equated with expertise or prescription. Further, the Member should not rely solely on any nutritional information discussed with staff of SSC and should seek professional help if they have interest in pursuing any nutritional change.
    10. The Member understands that SSC uses pictures, video, audio and written quotes as a part of internal and external marketing initiatives, and the Member’s likeness may be included in these uses.
      The Member grant SSC the permission to use the Member’s likeness in these manors. If the Member does not want to be included in any media, the Member can opt out at the time of the media’s creation.  SSC Staff will do their best to announce the creation of media prior to it’s occurrence.  The Member understands that no benefit or payment will be provided for use of the Member’s likeness, and all media used is to the benefit of SSC.
    11. The Member understands and agrees to abide by these etiquette rules (as well as agrees to apply common decency and decorum while at SSC):
      1. Use of SSC facilities is strictly limited to members, paid clients and staff only.
      2. There is zero tolerance for harassment or bullying. Should the Member harass, threaten, abuse or assault any staff or other Member, maliciously damage SSC property or should the Member commit any illegal act(s) while at the SSC facility, the Member’s Membership will be cancelled and the Member will be required to leave.  Should the Member’s actions invoke the need for emergency services, SSC will cooperate fully with authorities and testify or pursue charges as required.
      3. Members are asked to respect the privacy of the other Members and staff of SSC and recording video or taking pictures of any kind or any media (on any device) must be preauthorized by staff of SSC and must not include the likeness or information of any other Member not involved in the video or picture or media subject.  The Member agree that any media recorded (digital, physical or otherwise) within the Facility with or without permission is the property of SSC, and SSC may request copies in digital form to use in marketing or internal/external sales, legal or other effort.  If requested by SSC, the Member agree to delete / destroy all copies of the media, under threat of penalty (per paragraph 9) or legal action by SSC.
      4. Members are to wear suitable clothing and footwear while exercising in the facility.
      5. Members will wipe the equipment down when finished with their exercise sets as a courtesy to other Members.
      6. Members must replace all gym equipment (including weights, bars and plates) when they are finished their exercise sets.  Members must not leave any weights on the floor as this is a hazard to other Members.
      7. Members are asked to treat all equipment and the facility with care.  Should there be any breakage or damage to equipment or facility, the Member will report this immediately to SSC staff.
      8. Any changes or updates to these etiquette rules will be posted in the appropriate area on the website, or will be available in print to a Member from SSC staff. The updated etiquette rules will have force over these listed here and the Member agrees to abide by the most current etiquette rules.
    12. The Member understands and accept that the programs created for the Member or any other use while at SSC are the result of the hard work of SSC staff and benefit the Member while at SSC.  Further to, these programs are designed for use on the premises and with the equipment available at SSC. These programs and all information provided to the Member, as well as content shown in the Facility are the intellectual property of SSC and must remain on the premises of the facility.  No facsimile or copy of the program or any part thereof may be used outside of the facility without express written approval from SSC management.  The Member respects and understands that failure to comply with this rule will be viewed as Intellectual Property theft and damages will be sought by SSC against any Member or other person or entity that violates this rule.
    13. The Member understand that SSC communicates information and updates to Members through messages at the Facility and through email communication.  Per Canada’s Anti Spam Law, the Member agrees to opt-in to emails confirming appointments, and periodic marketing emails from SSC.  The Member understands the Member personal information, including email address, is never sold or shared by SSC. If the Member does not want to receive any email communications (including directly addressed from SSC staff), the Member will email the request to info@thestrongside.ca or mail / deliver the request to SSC. The Member understands that this will limit the ability of SSC to communicate with the Member and the Member takes full responsibility for any circumstances that this creates, (like missed appointments, etc.).
  15. Non-Transferability of Membership and/or Member Privileges.
    This agreement and any rights or privileges granted to the Member by this Agreement may not be transferred or assigned. The Member acknowledges that Coaching Training sessions and access to the facility for drop-in sessions (“Drop-Ins”) are non-transferable.  The Member is prohibited from loaning, selling, assigning or transferring Instructional training sessions, Ancillary services or SSC Member ID cards or numbers to any third party or parties. Any attempted assignment or transfer shall render a Member’s membership null and void immediately. SSC reserves the right to revoke access to the facility, Coaching Training sessions or Ancillary services. SSC Member ID cards remain the property of SSC and the Member must surrender the SSC Member ID card to SSC upon termination or cancellation of this Agreement. The foregoing does not limit SSC’s right to assign all of it’s rights, interests and obligations pursuant to this Agreement to a third party without the consent of the Member.
  16. Member’s Right to Cancel
    The Member may not cancel this Agreement except as provided herein.

    1. A. 10 Day Cancelation Period: The Member may cancel this Agreement without prejudice by giving notice within 10 days of the signing of this Agreement.  SSC reserves the right to levy a $70 (tax included) standard fee for program writing, if a program of exercise has been completed by the SSC Staff.   The refund will be offered to the client by the preferred method of reimbursement from SSC management, to and include but not be limited to options of written cheque, credit card charge reversal or EFT batch reversal, and will include the deduction of the program-writing fee, if applicable.  The program written for the client will remain the property of SSC and not be offered to the Member, per the above-mentioned section about intellectual property and safety.
      B. First Month Clemency: SSC maintains the right to cancel the Member’s contract within the first 30 days, if management deems it necessary due to any extenuating circumstance on the Member’s part.  The Member may request this clemency on their contract, and – if approved by management – will be free of this contract, with nothing owing on the remainder of this contract.  There is no refund for the first month’s payment available.
    2. The Member agrees to be bound to the initial contract term length noted on the Membership Agreement Signature Sheet (Post January 2018) or the Membership Agreement (Pre-January 2018).  The Member further agrees that the contract continues after the initial term on a month to month contract, with all relevant sections applying to any cancelation request.
    3. At the end of the initial contract term, the contract will be available for cancelation with 30 days notice.
    4. Cancelation during the initial agreement term:
      1. No refunds will be provided on any payment taken for the current month’s dues.
      2. A cancelation fee equal to 50% of the next month and 30% of the remaining months will be levied on the Member’s account.  This cancelation fee is payable immediately upon approval of cancelation via the payment form on file (Credit Card or EFT), and any outstanding amounts on the Member’s account pre-existing will be due and payable immediately along with the cancelation fee. Any other arrangement outside of these terms can only be approved by the management of SSC, and will be immediately binding upon the Member & SSC.
    5. Cancelation after the agreement term. The Member may cancel this Agreement during the initial contract term length has passed and been paid for incorporating all holds or delays to achieve a total time equal to or greater than the initial contract term by giving a notice of cancellation in the following circumstances:
      1. More than 30 Days’ Notice: The member may cancel the agreement with no cost by providing SSC with Notice (per section 16.2) 30 days or more ahead of the monthly contract renewal without any additional payment for the next month or beyond, so long as the initial term of the contract has been satisfied, and all outstanding bills/invoices are paid.  This will not grant a refund on the current month of service.
      2. Less than 30 Days’ Notice: No refunds given, unless otherwise approved by SSC management.
    6. Emergency cancelation or exception: The member may cancel this agreement at any time pursuant to section 25(2) of the BPCPA if the Member experiences a material change in either the Member’s circumstances or in SSC’s services, as defined in sections 25(3) and 25(4) of the BPCPA. The member agrees that this is subject to approval solely by SSC management.
    7. Any refund offered by or agreed to by SSC Management will be issued or available within 1 calendar month of approval.  Approval will be communicated to the member verbally in house or by telephone (in which a note will be put onto the member’s account) to the telephone number SSC has on file, or by email to the email address SSC has on file.
    8. For a Notice from a Member to be effective, it must be in writing and be delivered to SSC’s current address by a method that will allow the Member to prove delivery of such Notice. The Member may give Notice by courier, registered mail, electronic mail or by personal delivery. For a Notice “After the 10 day Cancellation Period”, the Member shall provide its reason for cancellation, and SSC reserves the right to request documentation substantiating the Member’s reason for cancellation.
  17. Entire Agreement.
    This Agreement and attached Schedules and any Addenda represent the complete understanding between the Member and SSC. No representations, written or oral, other than those contained within this Agreement are authorized by or binding upon SSC. The Member agrees that this document supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the services or any other subject matter covered by this Agreement in full (with any appropriate Addenda).
  18. Severability.
    If any provision of this Agreement is declared void or unenforceable in a court of the law of the Province of British Columbia, then such provision or portion of a provision shall be deemed severed from this Agreement. The remainder of the Agreement shall otherwise remain in full force and effect.
  19. Governing Law & Contract Updates.
    This Agreement shall be governed and enforced in accordance with the laws of the Province of British Columbia. In the event that litigation is necessary to enforce any of the terms and conditions of this Agreement, the Member agrees that the venue for such action shall exclusively be New Westminster, British Columbia.  The venue will be elected at the sole discretion of SSC.
    The Member understands and agrees that SSC has and reserves the right to, at any time, modify this Agreement and add Addenda as deemed necessary to impose new or additional terms or conditions that may affect the Member.  Such modifications and additional terms and conditions will be available for member review at the facility, and may be communicated through private or public forum.  Once a new revision to the contract terms is released by SSC Management,  the Member agrees that the new terms are immediately brought into force and effect.  The Member is allowed to review the changes, and – in the event that the Member does not agree to the changes – SSC will have the right to terminate this Agreement and cease to provide service to the Member, and collect payment for outstanding services rendered or scheduled to happen within 24 hours will be due immediately and paid via payment form on file.
    This clause will not effect rates of Membership services.

ADVICE: THIS IS A LEGALLY BINDING DOCUMENT.  AS WITH ANY CONTRACT, PLEASE TAKE YOUR TIME TO REVIEW IT.

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