TERMS & CONDITIONS
RELEASE: You acknowledge that there is a risk associated with exercising and participating in fitness activities. Your participation in your training is completely voluntary and you acknowledge that you are assuming all risks of injury to yourself or others including any illness or medical condition. Please raise any concerns about starting an exercise or personal training program with your physician before starting the training. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge TG Athletics (including all Staff, Contractors and Members) and all of their respective owners, officers, directors, agents, employees or independent contractors (referred to collectively as “us”) from any and all claims or causes of action (known or unknown) which you may have arising out of our negligence, including the negligence of our staff, agents or representatives 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 your negligence, while at the Facility (defined below) or participating in the training, whether at the Facility (defined below), your residence, or elsewhere. We, TG Athletics, are not responsible for any damage to, loss or theft of personal property.
YOUR RESPONSIBILITIES: By purchase a Service with us, you agree to: a) pay us all fees set out in the terms of your membership when due, irrespective of your use of the training sessions; b) all of the terms and conditions which are set out in this Agreement; c) to follow our rules and regulations (“Rules”) which may be posted at the Facility from time to time; and d) to immediately notify us of any change of address or of any other changes to the personal information provided herein.
TRAINING SESSIONS: Each training session will include a combination of sustained cardiovascular activity and strength training. Training sessions shall be Classes in which a group of clients shall train simultaneously. Personal Training may be private one-on-one sessions or in a small group. The following terms and conditions apply to your training:
• “Training Program” means all aspects of your Monthly Program or Annual Program as designed and communicated to you by TG Athletics including nutrition, resistance training and sustained cardiovascular training.
• Your Training Program shall commence on the date of your first visit under the service associated with your training program
• Arrive five minutes prior to each scheduled session. If you arrive late for a session, the session will still finish at the originally scheduled time.
• All sessions shall be 50 minutes in length, unless otherwise agreed or specified on the class schedule.
• If you feel dizzy, lightheaded or nauseous or if you experience pain or discomfort at any time during your training, you agree to immediately stop the activity in which you are participating and inform your personal trainer of your condition.
• If, during the course of your training, you experience any change to your health or physical condition which might affect your ability to exercise safely and with minimal risk of injury, you agree to immediately notify your personal trainer of such changes.
• You are not obliged to perform or participate in any activity unless you wish to do so and you have the right, at all times, to decline participation in a training session.
• If you wish to cancel a scheduled personal training session, you are required to provide a minimum of twelve (12) hours notice. If you fail to provide
twelve (12) hours notice of your intention to cancel a scheduled session, you will be charged for that session. TG Athletics will not refund any unused sessions
purchased at the point of sale, unless cancelled within 7 days from the Start Date.
• TG Athletics may cancel your training at any time if, there is a lack of commitment to the training or a failure to comply with the terms of this Agreement.
PRE-AUTHORIZED PAYMENT AGREEMENT: You hereby authorize and direct TG Athletics to present transactions for payment against your bank or credit card account. In consideration of TG Athletics acting as directed, you agree TG Athletics treatment of each cheque or credit card payment and its rights to it shall be the same as if it were personally signed by you. The pre-authorized payment shall be drawn on your account to cover all fees, including Monthly Fees, account balances and default charges, as well as any other amounts to which TG Athletics is entitled under this Agreement.
PAYMENT OBLIGATIONS ABSOLUTE: You are obliged to pay us all fees owing under this Agreement throughout the duration of your Training Program. We will not reduce, discount, or cancel your obligations because you do not use the facility. You may terminate this Agreement at will by providing a written notice of cancellation (by email to [email protected]) and paying any and all fees incurred, including but not limited to late fees, return fees, collection fees, etc. Written notice through email must be received by TG Athletics thirty (30) days prior to the next occurring billing date.
DEFAULT: If you breach any term or condition of this Agreement, or if you do not pay an instalment on a payment date, you will be in default. Your right to receive Service will be suspended immediately and you will be subject to a service charge in the amount of $25.00. We may then, if we choose, also immediately cancel your training sessions and keep any amounts you have paid to us. If we later agree to accept a payment from you, 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 TG Athletics in collecting your overdue payments from you.
MEMBERSHIP ACCESS: You need a membership service on your account to enter the facility and/or use our services. All membership services, unless specified at the time of your sign up, is limited to one person only. If someone else uses your membership services without formal permission given from us at TG Athletics, we may cancel your membership immediately with no refund.
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 or your guest: a) fail to follow our rules, 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 continues as scheduled. We do not allow any business activity or solicitation at the Facility. You agree to pay us all revenues received by you or your guest if you violate
this policy (including our legal fees and court costs).
RESERVATION OF RIGHTS: We reserve the right to cancel any membership without cause. We reserve the right to change our hours of operation at any time, 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. Classes and equipment are available based on sufficient demand. If the facility is unavailable for an extended period of time, due to a government mandated shut down or natural disaster, we agree to freeze all memberships until we are able to reopen.
ENTIRE AGREEMENT/AMENDMENT: This Agreement, as to its subject matter, exclusively and completely states the rights, duties and obligations of the parties and supersedes all prior and contemporaneous representations, letters, proposals, discussions and understandings by or between the parties.
ASSIGNMENT: All Services are personal and assigned to a single person unless specified in the description of the Service (i.e. Partner Training). You may not assign, sell or transfer this Agreement or your rights under it to anyone else without the written approval of management, and any such attempted sale, assignment or transfer will be ineffective and will result in the immediate cancellation of this Agreement without refund. A $50 fee will apply if this Agreement is transferred.
ASSIGNMENT BY TG ATHLETICS: We may assign this Agreement to another company or person at our discretion, and the term “TG Athletics” 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 defences available under this Agreement. Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this
INDEPENDENT CONTRACTORS: The services of independent contractors (such as chiropractors, physiotherapists, nutritionists, etc.) may be available at the Facility. These services are not offered by TG Athletics 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.
LIMITATION OF LIABILITY: TG Athletics' liability for damages under this Agreement, whether arising in contract (including fundamental breach or under an indemnification obligation), tort (including negligence) or otherwise, shall not exceed the amount paid by you to TG Athletics in the previous twelve (12) months from the date of the events giving rise to such damages, even if TG Athletics has been advised of the possibility of such damages. In no event shall TG Athletics (including its contractors, directors, employees and agents) be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, damages arising from lost business, lost savings, lost data, lost profits, medical malpractice, bodily injury or death and regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if TG Athletics has been advised of the possibility of such damages and, by purchasing a Service with us you acknowledge this Agreement and hereby indemnify the licensor from any and all such liability.
GOVERNING LAW: This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein.
VISUAL RELEASE: By registering for a membership service (Classes and/or Personal Training) you hereby grant permission to TG Athletics, and its employees, agents and representatives to photograph and record my image, likeness, or depiction.
In addition to this, you consent to and permit TG Athletics to edit, crop, or retouch such images, and waive any right to inspect the final images. You also consent to and permit images of me to be used by TG Athletics for advertising and promotional purposes in any medium, including print and electronic. It is understood that TG Athletics may use such photographs with or without associating names thereto. You further waive any claim for compensation of any kind as a result of TG Athletics’ use or publication of photographs of me. And therefore, hereby fully and forever discharge and release TG Athletics from any claim for damages of any kind arising out of the use or publication of any such photographs.
Please indicate if you do not wish to be photographed or videotaped while at TG Athletics studios or any TG Athletics offsite events by emailing [email protected].
In emailing TG Athletics to opt-out of having photographs and video taken I acknowledge that I do not want my picture or recording taken and that as a result I may be temporarily removed from a class and may return once photography or recording is complete.