Terms and Conditions
RULES AND REGULATIONS
1. The “club” agrees to make available to the member certain facilities as described on the front of this agreement and the member agrees to pay the “Club” the amounts shown and to use services and
facilities pursuant to the following Terms and Conditions. The following rules pertain to the use of all the Clubs facilities and services and form part of the membership agreement to which this schedule
2. The Member agrees to keep and obey all rules and regulation now in force or in the future prescribed by the “club”.
3. The “club” agrees, for the duration of this agreement, to maintain facilities which are substantially similar, with respect to quality & provision of services, to the facilities presently operated by the club
as set out in the front of the agreement or within 10 miles thereof. The club reserves the right to & the Member agrees to a transfer of his/her rights and obligations pursuant to this Agreement to such
other facilities as described in this paragraph, in the event that the club ceases to operate the facilities referred on the front of this agreement. In the event of any interruption in the services contracted
for, the member shall agree that this membership shall remain in force provided that alternative facilities within 10 miles are made available.
4. The Member agrees, while using any facility or service or the “Club”, he/she shall not conduct himself/herself in anyway which presents danger to or creates a nuisance for the management, or any
other person using the facilities or services of the “Club”.
5. The “Club” reserves the right to amend or add to these Club Rules and to adopt new rules as it may seem necessary from time to time.
6. The Member hereby agrees that the company has the right to change the hours of operation of the “Club” from time to time as it may determine at its sole discretion and any such change in hours is
hereby accepted by the Member. The Member agrees that any such changes in hours will not affect the terms and conditions of this contract.
PAYMENTS AND CANCELLATIONS
7. If the club wishes to increase the monthly fee payable by the Member following the initial (3) three month period, then the Club shall give written notice to the Member of the new monthly fee. This
notice will be given to the Member at least (45) forty-five days before the increase goes into effect. If the Member rejects the new monthly fee, he/she must give written notice of cancellation. If the
Member gives no written notice, he/she shall be deemed to have accepted the new monthly fee and the Member’s monthly installment deducted from his/her account will be charged accordingly.
8. The member may rescind this agreement by hand delivering or mailing a written notice of rescission to the Manager/Operator at the “Club” location address set out below within ten (10) days after this
agreement is signed at which time the Member will receive a signed and dated cancellation letter from the Manager/Operator.
9. The Club may assign all of its rights, interest and obligation pursuant to this Agreement to any person without the consent of the Member. The Member shall not assign or transfer any of his/her rights
or obligations pursuant to this agreement.
10. The Member acknowledges that the “Club” has the right to cancel this Agreement at any time after giving the Member sixty (60) days notice in writing that the “Club” facility has outlined in this Agree-
ment is to be closed for business. The Member also agrees that that Club, after giving notice as above, will not be responsible or liable for the return or refund of any monies paid pursuant to this
Agreement nor will the club be liable to provide services to the Member after the period of notice given.
11. The member acknowledges and agrees that a service charge of $25.00 shall be paid to the “Club” in the event of either a returned payment (Credit Card or Chequing) or change of status of member-
ship. The Member will also be liable for all costs incurred by the “Club” in the collection of past obligations to the Club, including court costs and reasonable solicitor’s fees.
12. If for any reason an item is returned (the item being any form of payment), the Member authorizes the club to debit the Member’s chequing account and/or Credit Card for the full amount outstanding
on the Membership Agreement, including the charges stipulated in Term 11 above.
13. If for any reason, an item (the item being any form of payment) is not received within (3) three days of the contract payment date, or if any “item” is late by (3) three days or if any “item” is returned
for reasons of stop payment, account closed, N.S.F. (non-sufficient funds) or any other reason, the Member will be considered in default of the contract and the full amount of the contract becomes
immediately due. If for any reason the Member defaults on his/her contracted payment obligations, the Member hereby authorizes the club or its assignee to collect the outstanding monies, plus serve
charges and interest in any methods available to them. In any default situation, the Member completely understands and authorizes that he/she will be billed through the drawing of electronic , magnet-
ic, or paper debits of either the Member’s chequing account(s), and major credit card(s) i.e., Visa, Master Card, American Express, etc.
14. The Member agrees to pay all registration fees, membership fees & all other payments applicable to this Membership agreement. In signing this Agreement the Member authorizes the “Club” to draw
monthly cheques or prepare debits, paper or electronic entry, covering all registration fees, monthly membership fees and all other applicable payments of this Agreement. In doing registration or mem-
bership payments through P.A.P. (pre-authorized payments) the Member acknowledges all point set out in Term 15 below.
15. In allowing pre-authorized payments, the Member acknowledges the following.
(a) All amounts payable to the “Club” will be drawn on or directed to you by a chartered bank on behalf of the “Club”.
(b) Your treatment of each debit shall be the same as if the undersigned has personally directed you to pay as indicated and to charge the amount specified to the account of the undersigned.
(c) Any delivery of this authorization to you constitutes delivery by the undersigned
16. In addition to and notwithstanding any other provision to the contrary, following the initial three (3) month period, this agreement may be canceled by the “Club” upon at least sixty (60) days prior written,
posted, or advertised notice to the member.
17. The Member may cancel this agreement after the initial three (3) month period or the intial twelve (12) month period as set out on the front of this Agreement upon 30 days written notice delivered to
the Manager/Operator at which time the Member will receive a signed and dated copy cancellation letter. This cancellation notice must be delivered to the “Club” location set out on the front of this
agreement. Without written notice as described in this paragraph, the Member understands and acknowledges that this agreement will be renewed after the initial three (3) month period for further
successive period(s) of one (1) month thereafter or after the initial twelve (12) month period for further successive period(s) of twelve (12) months thereafter. No refunds either in full or pro-rated will be
given for canceled memberships.
TRIAL OR FREE MEMBERSHIPS
18. In addition to and notwithstanding any other provision to the contrary, this agreement may be canceled by the “Club” upon at least thirty (30) days prior written, posted, or advertised notice to the member.
19. The Member may cancel this agreement as set out on the front of this Agreement within 14 days as per the consumer protection act and accept the Club T-Shirt and classes in lieu of a refund.
20. Time Stops for Commitment Memberships only. The Club agrees to extend time stop privileges under the following reasons and provisions:
(a) the time stop is for a valid medical reason or business reason;
(b) the membership is in good standing and has exceeded the 3 month minimum membership period
(c) the time stop is for a period no less than (1) month and does not to exceed (6) months(d)
(d) the Member will specify the return date and the monthly fee payments will re-commence as agreed in this membership agreement;
(e) all time stop requests must be made in writing by hand delivered or mailed written notice to the manager/operator at the “Club” location address set out on the front of this agreement at which
time the member will receive a confirmation letter signed and dated recognizing the time stop conditions.
(f) all time stop requests must be made before the first of the month of which the member wishes to time stop.
21. The Member expressly acknowledges that he/she will be engaging in physical exercises and activities while attending the “Club’s” Facilities, which could cause injury to the Member. The Member
hereby states he/she is and will be voluntarily participating in these physical exercises and activities and the Member hereby assumes all risks of injury which might result from these physical exercises
and activities. The Member hereby waives and releases any and all claims that he/she now has or may have against the “Club”, its employees or agents for injury sustained by the Member as a result
of these physical exercises and activities. In the event of an injury, the Member must immediately notify the management of the Club and provide full written particulars of the injury and the accident
upon being requested to do so. I hereby release and hold harmless the Club, its agents, officers, and employees, and any affiliated companies from any liability with respect to injury to me or my
property arising out of, or connected with my physical exercise and activities.
22. The Member hereby waives and releases the Club from any claims he/she may have against the club with respect to any loss of theft of personal property in respect of facilities operated by the Club.
23. The Member hereby warrants and represents that he/she is in good physical condition and that he/she has no liability, impairment preventing him/her from engaging in active or passive exercise that
will be detrimental or injurious to his/her health, safety, comfort and physical condition or that of other(s). The Member hereby represents that he/she will not use any Club facilities or services while
having any open cuts, abrasions, open sores, infections, illnesses, or any other physical impairments that could be aggravated by the use of the facilities. The management of the “Club’s” facilities or
services shall have the right to make a final binding determination in the regard.
24. The Member hereby acknowledges that he/she has carefully read this waiver and release and fully understands that it is a release of liability of the club and agrees that such a waiver and release is
responsible and proper based on the nature of the “Club’s” business.
25. This Agreement constitutes the entire Agreement between the parties pertaining to this subject matter and supersedes all prior and contemporaneous agreements, negotiations and discussions, wheth-
er oral or written, of the parties and there are no warranties, representations or other Agreements between the parties in connection with its subject matter executed in writing by all of the parties.
26. The Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario and shall be treated in all respects as an Ontario Contract.
27. The Agreement shall ensure to the benefit of and by binding upon each party and its heirs, executors, administrators and permitted successors and assigns.
28. If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall pertain only to such provisions and everything else in the Agree-
ment shall continue in full force and effect.
29. This Agreement represents the complete Agreement between the Member and the “Club”. No representations written or oral, other than those contained within this agreement, are authorized by, or
binding upon the “club”.
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 MADE AVAILABLE. YOU DO NOT NEED TO GIVE THE SUPPLIER A REASON FOR CANCELLATION 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 MEANS
THAT ALLOWS YOU TO PROVE THAT 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 TO YOU. IF YOU CANCEL THIS AGREEMENT AS SPECIFIED THE SUPPLIER HAS FIFTEEN (15) DAYS TO REFUND ANY
PAYMENT YOU HAVE MADE AND RETURN TO YOU ALL GOODS DELIVERED UNDER TRADE-IN ARRANGEMENT (OR REFUND AN AMOUNT EQUAL TO THE TRADE-IN ALLOWANCE).
All Children Under The Age Of 18 Must Have The Waiver Signed By A Parent/Guardian To Participate In Any Event Or Training
Notice of Risk / Acknowledgement of Possibility of Injury
We, the staff of, owners and representatives of Double Dragon Martial Arts and Fitness Inc. (DDMAF), recognize our obligation to make our guests, students and their parents aware of the risks and hazards associated with martial arts, acrobatics, ninja warrior or fitness training. Students may suffer injuries, possibly minor, serious, or catastrophic in nature. Martial arts, acrobatics, ninja warrior and fitness training can be dangerous and lead to injury! Adults and children should be aware of the possibility of injury and parents should encourage their children to follow all the safety rules and the instructors or coaches instructions. DDMAF, its
instructors, coaches and other staff members or volunteers will not accept responsibility for injuries sustained by any guest or member during the course of any martial arts, acrobatics, ninja warrior or fitness instruction, open workouts or in the course of any clinic, exhibition, competition or party in which he or she may
participate at the DDMAF facility or while traveling to or from an event. By signing this form, I acknowledge these risks of injury, and I agree that DDMAF, its staff, owners and representatives will not be responsible for any such injuries.
Release and Waiver of Liability
With the above in mind, and being fully aware of the risks and possibility of injury involved, I acknowledge that I have fully inspected the facility and equipment and consent to have myself, and/or my child or children participate in the programs offered by DDMAF. I acknowledge that myself, and/or my child or children are in good physical condition and have no liability, impairment preventing the engagement in any martial arts, acrobatics, ninja warrior or fitness activities that will be
detrimental or injurious to our health, safety, comfort and physical condition or that of other(s). I agree that myself, and/or my child or children will not participate in any such activities while having any open cuts, abrasions, open sores, infections, illnesses, or any other physical impairments that could be aggravated by the
use of the facilities or any martial arts, acrobatics, ninja warrior or fitness training activities. I, my executors or other representatives, waive and release all rights and claims for injuries or damages that I or my child may have against DDMAF and/or its staff, owners or representatives whether paid or volunteer. I also affirm that I now have and will continue to provide proper hospitalization, health, and accident insurance coverage, which I consider adequate for myself, and/or children’s
protection. I have read and also understand DDMAF registration information and policies. I also understand that it is the parents’ responsibility to warn their children about dangers of martial arts, acrobatics, ninja warrior and fitness training and injury. The parents should warn their children according to what the parent feels is appropriate. DDMAF will only warn children through “safety messages” and our teaching style and progressions.
Medical Emergencies – Permission to Treat
I fully understand that DDMAF’s staff, owners and representatives are not physicians or medical practitioners of any kind. With the above in mind, I hereby grant consent and permission to DDMAF’s staff, owners and representatives to render temporary first aid to my child or children in the event of any injury or illness, and if deemed necessary by the DDMAF staff to call our doctor and to seek medical help, including transportation by a DDMAF staff member and/or its representatives, whether paid or volunteer, to any health care facility or hospital, or the calling of an ambulance for said child should the DDMAF staff deem this to be necessary.
Photography and Video – Release of Liability
I hereby grant to DDMAF, its legal representatives, heirs and/or assigns, the absolute right and permission to copyright and use, re-use, and publish, photos and video of myself and or children or in which they may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known, for art, advertising, trade or any other legal purpose.
Authourized Pick Up Persons – Release of Liability
I hereby grant to DDMAF the right to release my children to the authourized persons listed above and will hold harmless DDMAF from any and all liability that may occur or be produced in regards to the realease of said children thereof.