Membership Sign-Up (PAP)

TRENCH FITNESS
115 Hodsman Road, Regina, SK S4N 5W5
(306) 559-0313 [email protected]

 

PRE-AUTHORIZED FITNESS SERVICE AGREEMENT FOR MEMBERSHIPS

  

Today’s Date: 04/19/2024

Commencement Date: 04/19/2024

Employee: Online Sign-up

Service: General Gym Access (Membership)

 

Parties: This Fitness Service Agreement and Release of Liability (the "Agreement") is between you and Trench Fitness Inc. ("Trench Fitness"). You hereby agree that you are purchasing from Trench Fitness for your benefit, fitness services according to the terms of this Agreement.
Notice: You are entitled to a copy of this Agreement at the time you sign it.

 

Term Acknowledgement: The term of this Agreement is for a minimum of 30 days and will renew every 14 days until cancelled. All prices are in Canadian funds.

 

Payment Schedule: Your initial payment is due on the Commencement Date.
Bi-Weekly payments of are due every 14 days starting on 04/19/2024

 

How to Cancel Your Membership:You may cancel your membership and the continued billing of bi-weekly dues through EFT or Credit Card by mailing or delivering a written notice of cancellation request to: Trench Fitness, 115 Hodsman Road, Regina, SK S4N 5W5. A cancellation notice postmarked or delivered a minimum of 30 days prior to your desired last bi-weekly billing date will result in no further billing of bi-weekly dues, but the desired cancellation date must fall on a scheduled the day prior to a scheduled bi-weekly EFT date. A cancellation notice postmarked less than 30 days prior to your desired last billing date will result in additional bi-weekly dues billing. You have continued access during this notice and cancellation period until your membership expires.

EFT/Credit Card Request & Authorization: To the extent permitted by law, you hereby authorize us to initiate separate EFT/Credit Card charges from the account provided to us and/or any replacement or substitute (the "Account") for the following amounts: (1) the initial payment shown above, if not otherwise paid upon signature of this Agreement; (2) your bi-weekly payments as described above; and (3) a $30 service fee for any EFT/Credit Card charge that is returned unpaid. Authorized EFT/Credit Card payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT/Credit Card payments. You may cancel your EFT/Credit Card authorization for your bi-weekly payments only by providing Trench Fitness with written notice of termination within 30 days of billing cycle date you want to cancel. Any notice of termination will not apply to amounts that are due and unpaid at the time of termination. If this agreement is terminated outside of the 30 day allowable period, remaining unpaid fees will be invoiced and payment is due within 15 days.

By signing this Agreement, you acknowledge that you have read, understood and agreed with all terms and conditions of this Agreement, after having the opportunity to have it reviewed by a lawyer at your sole discretion. You further acknowledge that you are entitled to receiving a completed copy of this agreement, which includes the EFT Request & Authorization, Acknowledgement & Assumption of Risk, Limitation of Liability & Full Release of Trench Fitness
This constitutes the entire agreement of the parties and no other agreement or understanding exists between you and Trench Fitness. Trench Fitness has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce you to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement. This agreement is fully assignable by Trench Fitness but is not transferable or assignable by you.

You may cancel this agreement at any time during the period that ends 7 business days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give Trench Fitness a reason for canceling during this period. In addition, there are other 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 Consumer Protection Branch, Saskatchewan Justice. To cancel this agreement, you must give a signed and dated notice of cancellation to Trench Fitness, at the address set out in the agreement, by personal service, by registered mail or by any other means as set out in the agreement. If you cancel this agreement, Trench Fitness has 15 days to provide a refund to you (less an amount of any services used or in the case of services sold as a package a pro-rated amount for any services used) in accordance with the Act.

Notice: All notices to Trench Fitness shall be mailed to (certified or registered, return receipt requested) to 115 Hodsman Road, Regina, SK S4N 5W5.

Fitness/Consulting Services: The fitness or consulting services provided under this Agreement, if applicable, are provided as a program by Trench Fitness, and are not the services of any individual trainer.  Trench Fitness also reserves the right to sell training, class packages, and memberships at different rates or terms than set forth in this Agreement.  I understand results are not guaranteed and are dependent on several factors including my adherence to the diet and exercise program as recommended, if applicable. I understand that results of the programs offered will vary from person to person and are neither predictable nor controllable by Trench Fitness or any of its agents or employees. Trench Fitness or any of it agents or employees are not licensed dietitians or nutritional specialists. All information I obtain will be directly from the consultant's own experiences.

Facilities, Services and Hours: Trench Fitness services and amenities may be improved, updated, modified, or otherwise altered at the sole and absolute discretion of Trench Fitness. Trench Fitness will strive to provide the best service possible and accommodate reasonable requests, but reserves the right, in its sole and absolute discretion, to change the existing services, training or class schedules, programs, hour of operation, days the facility is open, and rules and regulations.

Payments and Refund Policy: Payment for Memberships, training sessions, classes, consulting or any other services must be made in full unless otherwise agreed upon in writing. No refunds shall be made for any memberships, personal training, classes, or consulting services purchased, except as specifically provided in this Agreement.

Medical Advice Not Provided: You hereby acknowledge that Trench Fitness does not diagnose health problems, and does not provide medical advice nor medical services. Trench Fitness has advised you to discuss the appropriateness of your exercise program with your doctor. Trench Fitness may ask you to fill out a Health Questionnaire, but this document is nothing more than guidance for Trench Fitness to review or to help you set your fitness goals. The fact that Trench Fitness agrees to provide the services discussed herein to you based on the questionnaire and your representations is not a medical judgement that you are medically, physically, or mentally able to enjoy the benefits of Trench Fitness’s services. Our services should not replace any dietary restrictions or medical recommendations from your doctor. I hereby affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit my participation in a training activity or use of the facility.

Use of Images and Testimonials: You hereby grant Trench Fitness the right to use your pictures (still or moving), statements and comments, in part or in whole, in any media, to promote Trench Fitness or the products and services of Trench Fitness.

Privacy Policy: Any credit card/personal information is securely stored on Trench Fitness’s servers and will not be sold to any third parties. If you consented to receive electronic messages from Trench Fitness they may include announcements, invitations, event information, news, updates, service information, client customer care, and promotions from us. You can unsubscribe at any time.

Default: You shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. You also agree to be bound by the Trench Fitness Rules & Regulations provided herewith, and acknowledge that a violation of such Rules and Regulations shall constitute a default event. Upon default, Trench Fitness shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Trench Fitness delays or refrains from exercising any rights under this Agreement, Trench Fitness does not waive and shall not forfeit those rights. If Trench Fitness accepts late or partial payments from you, Trench Fitness does not waive its right to receive full and timely payments and other charges due under this Agreement.

Enforceability: The parties hereto agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, you specifically agree that all the terms and conditions are to be enforced and you specifically waive any statute or other right, of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.

Governing Law: This Agreement shall be governed and enforced in accordance with Saskatchewan Law.

Acknowledgement & Assumption of Risk: You hereby acknowledge that the services purchased under this Agreement include participation in strenuous, high-intensity physical activities, including, but not limited to weightlifting, walking, running, jumping, pushing, pulling, climbing, plyometrics, carrying relatively heavy objects, and the use of various conditioning and exercise equipment and facilities designed, offered, recommended and/or supervised by Trench Fitness or any of its agents or employees. You acknowledge that these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, death, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, foot/knee/hip/back injuries and any other illnesses, soreness, or injury however caused occurring during or after your participation in physical activities at Trench Fitness. You further acknowledge that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, or your own over-exertion, slip and fall, or unknown health problem. You specifically acknowledge and assume the risk of injury due to Rhabdomyolysis and/or other exertion related injuries and illnesses, and hereby accept that it is your responsibility to recognize your limits and stop all physical activities when you believe it is necessary to do so. You agree to assume all risks and responsibilities involved with your participation in physical activities at Trench Fitness. You acknowledge your participation will be physically and mentally challenging, and you agree that it is your responsibility to seek competent medical or other professional advice regarding any concerns or questions involved with your ability to take part in physical activities at Trench Fitness. By signing this Agreement, you assert that you are capable of participating in physical activities at Trench Fitness, and that you agree to assume all risk and responsibility for exceeding your physical limits.

Limitation of Liability & Full Release of Trench Fitness: You, your heirs, assigns and next of kin, agree to fully release Trench Fitness, its owners, employees, any related entities or other authorized agents, including independent contractors from any and all liability, claims and/or litigation or other actions that you may have for arising from my participation in a training session or class or from any use of the exercise equipment and facilities from injuries, disability, death or other damages of any kind, including, but not limited to, direct, special, incidental, indirect, punitive, or consequential damages, whether arising in tort, contract, breach of warranty or arising out of participation in physical activities at Trench Fitness even if caused by the negligence or fault of Trench Fitness, its owners, employees, or related entities or other authorized agents, including independent contractors. I fully understand that I may suffer injury and I hereby release Trench Fitness, and any of its agents or employees from any and all liability now or in the future, including but not limited to: medical expenses, lost wages, pain and suffering that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and any other illnesses, soreness, or injury, however caused, whether occurring during or after my participation in the program or use of the conditioning and exercise equipment and facilities, regardless of fault. I understand and agree that any injuries or illnesses that might occur during my own training (without the supervision of Trench Fitness, or any of its agents or employees) is my own dilemma. Additionally I am responsible for my own health and safety. You are urged to have this Agreement reviewed by a lawyer before signing.

I acknowledge that this agreement including the Limitation of Liability & Full Release is valid indefinitely.