Youth and Teen Fitness Programs are non-refundable programs. Sessions are only valid for the program period initially signed up for. No makeup classes are provided for missed sessions.
This membership is not recurring and will not auto-renew for following program dates. It is a single one time charge for the full program. Future programs need to be signed up for separately.
DEFINED TERMS: In this agreement, “Love Your Body” means Love Your Body Fitness Company
Inc. “Health Studio” means the health located at 332 Richmond Road, Ottawa, ON K1Z 6X6.
“Membership” means the membership granted under this agreement.
CANCELLATION POLICY: Any cancellations whether early or late for a session is non-refundable and makeup sessions in a program period will not be provided.
SCHEDULE CHANGES/TRAINER VACATIONS: If your assigned personal trainer or class instructor has to miss a session due to illness/vacation/schedule changes then you may be assigned a different trainer for the scheduled appointment or class. Our trainers work as a unit and we will ensure the quality of your training is not impacted by these changes.
PAYMENT: All sessions are by pre-paid appointment only. The amount paid is non-refundable except as outlined hereafter. All sessions in a package without a termination date must be completed within one year of the commencement date of that package. Sessions are not transferrable without our written consent.
RULES: You agree to follow all instructions of your trainer.
HEALTH ADVISORY: You have been advised by Love Your Body that you should consult a
qualified physician before engaging in any fitness activity. You agree to ensure that you are
not subject to any illness, problems or conditions, medical or otherwise, which would make the
the undertaking of any fitness activity dangerous, hazardous or otherwise harmful to your health
and well-being and you knowingly and voluntarily assume any and all risks and liabilities in
relation to same. You agree to immediately notify Love Your Body if any you experience any
pain, nausea, or other discomforts during or after any fitness activity engaged with the Health
Studio. You agree that, in case of an emergency, Love Your Body, or their respective
employee(s), contractor(s) or agent(s) may, at your cost and expense, render first aid treatment
and/or arrange for your emergency medical care, and you hereby authorize same, but nothing
in this agreement shall obligate Love Your Body, and/or their respective employee(s),
contractor(s) or agent(s) to render such treatment or care.
TERMINATION UPON DEATH OR DISABILITY: If you die or become totally or permanently disabled, as determined by a qualified physician, at your request or the request of your executor or estate trustee, as the case may be, this agreement may be immediately terminated and any
prepaid membership fees which have not been applied, as determined by Love Your Body, shall
be refunded. You agree to comply with all of your obligations on termination as set out in this
agreement.
OTHER CANCELLATION PROVISIONS: If Love Your Body should permanently close or moves its health studio more than 5 driving miles from the business location designated in such
agreement and fails to provide, within 30 days, a facility of equal quality located within 5 driving
miles of the business location designated in such agreement at no additional cost to the buyer,
you may terminate this agreement and receive a complete refund of all dues paid for future
services within 30 days after receipt of the notice of termination. Your notice of intent to
terminate this agreement shall be given in accordance with the Notice of Termination provisions
above.
PRIVACY CONSENT: Love Your Body collects, uses and discloses personal information (as defined in the Personal Information Protection and Electronic Documents Act (Canada) of the member(s) for the purposes of administering the Membership and this Agreement, operating the business of Love Your Body and the Health Studio, generating and analyzing market information, arranging personal training sessions with its contractors and offering products, services, and information to the member(s) that Love Your Body determines may be of interest to the member(s). In collecting, using and disclosing the personal information to the member(s), Love Your Body shall comply with the Personal Information Protection and Electronic Documents Act (Canada) and other laws applicable in the Province of Ontario relating to the protection and privacy of personal information. Love Your Body uses its best efforts to safeguard the personal information of the member(s), which is in the possession and control of Love Your Body. Each member may access, review and correct their respective personal information that Love Your Body has on file to ensure that such personal information is accurate. If you wish to review your personal information that Love
Your Body has on file or if you have any questions about your personal information, please contact the privacy officer of Love Your Body at the Health Studio. By signing this agreement you hereby confirm that you have read and understood this paragraph and hereby consent to the collection, use and disclosure of your personal information, and the personal information of the other member(s), if any, and those of whom you are at law responsible, as contemplated herein.
INDEMNIFICATION: You agree to indemnify and save harmless Love Your Body from and against any and all claims, actions or other proceedings of every kind and nature for any loss, injury, illness, death, damage and/or other liability whatsoever of every nature and kind, in law or in equity, whether now known, anticipated or otherwise, which you had, have or may have against Love Your Body, directly or indirectly, arising out of, resulting from, or in any way associated with any fitness activity.
DEFAULT – You are required to comply with all of the obligations under this agreement. If
you default in or breach any of the obligations under this agreement or any rule or regulation
established, from time to time, by Love Your Body, such default or breach shall be deemed to by
your default or breach and in addition to any other remedy it has available to it under this agreement and at law, Love Your Body may at its sole option suspend your right to access the
Health Studio and the facilities, either temporarily or permanently and/or terminate this agreement and the Membership upon written notice mailed or personally delivered to you.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY:
In consideration of the permission to use the facilities, equipment, services, premises, and
products provided at Love Your Body today, and at any time in the future, I understand and
agree to all of the following:
ASSUMPTION OF RISK: I understand that any physical activity carries with it an inherent risk of
injury. Strength training can involve strenuous exertions of various muscles placing stress on the
muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.
WAIVER OF RELEASE AND LIABILITY: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge Love Your Body, its directors, officers, owners, employees,
volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether
ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or
emotional injury or illness suffered by me (including death) arising from my attending Love Your
Body or using its equipment, facilities, services, products, and/or premises; and (2) any damage
to, loss of, or theft of my property.
INDEMNIFICATION: I agree on behalf of myself, my spouse, my heirs, personal representative,
assigns, and anyone else claiming by or through me to indemnify and hold harmless Love Your
Body and all others by paying all costs and attorneys’ fees they incur in investigating and
defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever
reason (including the enforceability of this agreement, that Love Your Body and or others are
not liable for the injury or loss.
CONSENT TO PHYSICAL CONTACT: It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact.
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GENERAL PROVISIONS – This agreement and the rules and regulations established by Love Your Body shall constitute the entire agreement between you and Love Your Body.
This agreement shall not be amended or modified unless such amendment is in writing, agreed to and signed by you and Love Your Body.
You may not assign this agreement and/or the Membership unless Love Your Body expressly consents to such assignment in writing.
Love Your Body may assign this agreement at its sole and absolute discretion. Love Your Body may at its sole discretion upon prior notice to you, add to, delete or change any of the fees and/or charges payable by you under this agreement.
All notices to be given under this agreement shall be provided in writing and if such notice is to be given to Love Your Body, be delivered to the Health Studio, or if such notice is to be given to you, be delivered to the address as provided by you. Where Love Your Body is required to pay or refund any amount to you under this agreement, payment or refund of such amount by Love Your Body shall fully release and discharge Love Your Body from its liability for same.
If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity of any other provision of this agreement, but such part shall be fully severable, and this agreement shall be construed and enforced as if such invalid or unenforceable part had never been inserted herein. All payment obligations, authorizations, consents, waivers, and all releases and indemnities, contained in this agreement shall survive and not merge with the expiration or termination of this agreement.
All rights and remedies of Love Your Body under this agreement are cumulative and in addition to and not in substitution for any rights or remedies provided in law or in equity. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
INDEPENDENT LEGAL ADVICE – You acknowledge, understand and agree that you have had the opportunity to seek independent legal advice in relation to this agreement. In signing this
agreement you acknowledge and agree that you have read and fully understand this agreement.
You confirm that you are each executing this agreement voluntarily and willingly.
CONFIRMATIONS – You confirm that you are 18 years of age or older or are the parents of a minor under 18 years of age who is attending training or classes.