Membership Agreement & Liability Waiver

Part 1: Release of Liability, Waiver of Claims and Assumption of Risk

PLEASE READ CAREFULLY. THIS PART AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE FOR NEGLIGENCE.

In this release, "the Releasees" means Embrun Total Fitness, its owners, operators, employees, trainers, contractors and agents.

1. Risks. Using the gym, its equipment, sauna, tanning beds and services, and taking part in exercise or personal training, carries risks. These include muscle, joint and back injuries, broken bones, heat illness, heart attack, stroke and, rarely, death. Injuries can arise from my own actions, other people, equipment failure or the condition of the premises. The gym offers 24/7 access to eligible members. Outside staffed hours, no staff are present to help me.

2. Assumption of risk. I participate voluntarily and freely accept these risks, including the risk of NEGLIGENCE BY THE RELEASEES, subject to the limits below.

3. Health. I confirm that I am able to exercise safely and am not aware of any condition that exercise could aggravate. If I am unsure, I will seek medical advice before participating. I will tell staff about any limitation or condition relevant to my safe participation and will stop exercising if I feel unwell. The gym does not promise any particular result.

4. Release. To the fullest extent permitted by law, I WAIVE ANY AND ALL CLAIMS I HAVE OR MAY HAVE against the Releasees and RELEASE THEM FROM LIABILITY for injury, illness, death, loss or damage I suffer while using the gym or its services, including liability caused by their NEGLIGENCE, breach of contract or breach of a duty of care under Ontario's Occupiers' Liability Act, subject to the limits below.

5. Indemnity. To the extent permitted by law, I will hold harmless and indemnify the Releasees for claims brought by another person arising from my own actions at the gym.

6. Limits. This release does not exclude any right under Ontario's Consumer Protection Act, 2002 that cannot be waived, or anything else that the law does not permit a business to exclude. A parent or guardian's signature does not waive a minor's rights where the law does not permit that waiver. If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. This release binds my heirs, executors and representatives only to the extent permitted by law.

Part 2: Membership Terms and Conditions

1. Your membership and purchase details. Your selected plan or services, applicable access privileges, agreement date, service start dates, contract term, prices, HST, signup fees, other charges, total payable and payment schedule are set out in the membership or purchase details provided with this agreement. Those details form part of this agreement. Services mentioned in this document are included only if they form part of your purchase.

2. 10-day cooling-off period. You may cancel this agreement without giving a reason until 10 days after the later of the day you receive a written copy and the day all contracted services are available. We will refund all payments within 15 days after your cancellation notice. Additional statutory rights appear below.

3. Age and access.

   • Members aged 12 to 15 may use the gym during staffed hours only.
   • Members aged 16 and older may access the gym 24/7 with a valid credit card on file.
   • A parent or guardian must complete the membership agreement for anyone under 18.
   • Photo identification is required to join.
   • Any card kept on file must be provided with the cardholder's authorization.
   • Tanning is restricted to people aged 18 and older and is available only when a trained attendant is present. Gym access outside staffed hours does not include tanning access.

4. Key fobs and app access. Scan your key fob or use the Embrun Total Fitness app on every visit. Your fob and app access are for you alone. Do not use your access to admit an unauthorized person. If you do, we may cancel your membership without refunding the unused portion, except where the law requires otherwise. A replacement for a lost key fob costs $10.

5. Gym rules and conduct.

   • Follow posted gym rules and reasonable staff directions. Changes to gym rules will be posted in the gym.
   • Clean indoor shoes only. No outdoor shoes.
   • Re-rack weights and plates after use, wipe down equipment, and respect other members and staff.
   • After one warning, a further breach of gym etiquette may result in a $10 fee.
   • We may suspend or cancel the membership of anyone who endangers, harasses or disrupts others, or repeatedly breaks the rules. Where we cancel for cause, the unused portion is not refunded, except where the law requires otherwise.
   • You are responsible for the cost of damage you cause deliberately or through misuse of the premises or equipment.

6. Personal belongings. You are responsible for your personal belongings. To the extent permitted by law, the gym is not responsible for loss, theft or damage to personal property, including items left in lockers or change rooms.

7. Payments.

   • Membership dues are payable in the amounts and at the frequency shown in your membership details.
   • If you select automatic payments, payments will be collected using the payment method and authorization supplied during signup.
   • Keep your payment details current and update your card before it expires.
   • If a payment fails, we may pause access until the outstanding balance is paid.
   • We will email you at least 30 days before a proposed Standard Subscription price increase takes effect. You may cancel before the increase takes effect without a cancellation fee. Any additional legal requirements for a price change continue to apply.
   • For memberships covered by the personal-development-services provisions of Ontario's Consumer Protection Act, we offer an equal monthly instalment payment option as required by law.

8. Cancelling, pausing and transferring.

   • Standard Subscription: There is no cancellation fee. You may cancel or request a hold at any time through the app, by email or at the front desk. Cancellation or a hold stops billing from the next scheduled billing date after your notice. Cancellation does not remove amounts already owing or limit any statutory refund right.
   • Prepaid plans, including 10 Pack and fixed-term memberships: After the cooling-off period, these are non-refundable except where the law requires otherwise. You may request a hold through the app. With the gym's approval, you may transfer or sell the unused balance to another person, who must complete their own agreement.
   • Drop-in Pass: Valid on the day purchased only.

9. Term and renewal. The Standard Subscription is a month-to-month agreement that renews monthly until cancelled under section 8. Its payment frequency is the frequency stated in your membership details; payment frequency and contract renewal frequency may differ.

   Prepaid memberships end on the expiry date shown in your membership details and do not renew automatically. No fixed-term membership contract exceeds one year. Any renewal or extension will comply with applicable legal requirements, including delivery of renewal notices and updated agreement details where required.

10. Notices. You may give notice, including cancellation, by email to info@embruntotalfitness.com, through the app, in person at the front desk, or by another method that allows you to prove when notice was given. Ask for a receipt if giving notice in person. Keep a copy or confirmation of your notice. Notices to the gym may also be sent to 5 Forget St, Embrun, ON K0A 1W0. We will send notices to the email address you provide with your membership.

11. Privacy and security cameras. We collect and use membership information, including contact details, identification information, payment information and access records, to administer memberships, process payments and secure the facility. Our membership system and payment providers process information for these purposes.

    Security cameras monitor the gym's common areas for safety and security, not change rooms or washrooms. For information about our privacy practices, including camera footage, retention and access, contact info@embruntotalfitness.com.

12. Your legal rights. Nothing in this agreement limits a right or remedy that cannot be waived under Ontario's Consumer Protection Act, 2002 or other applicable law. This agreement is governed by Ontario law.

Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) 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 the supplier a reason for cancelling during this 10-day period.

In addition, there are 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 Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).