This document serves as a review of the terms and conditions. Individual membership agreements must be signed prior to registration and authorized by the owners. Terms and conditions are subject to change at any time without notice. A copy of the individual membership agreement can be requested through the Overtime Fitness Manager.
MEMBERSHIP AGREEMENT:
1. Membership Term:
By enrolling, you agree to maintain your membership and pay the dues specified for a minimum term. You are responsible for the dues for the entire term, regardless of usage or any changes in circumstances.
a) Down Payment:
You agree to make an initial down payment as specified at the time of enrollment.
b) Next Payment:
You acknowledge that your next payment will be due on the date specified at the time of enrollment and will recur on the same date each calendar month thereafter.
MEMBERSHIP RENEWAL:
2. After the initial term has expired, this Agreement will automatically renew on a month-to-month basis at the prevailing membership rate, which may change. This Agreement will continue until written notice is provided to cancel. You are responsible for all charges incurred prior to cancellation. Additionally, membership benefits are non-transferable and exclusively for your use.
EFT AUTHORIZATION:
3. By enrolling, you authorize the transfer of electronic funds from your checking, savings, or credit card account for membership dues on a recurring basis. This authorization will remain in effect until all charges related to this Agreement have been collected.
PROGRAM AND SERVICES:
4. Overtime Fitness agrees to provide qualified instruction and services in the programs selected at the time of enrollment. You agree to participate in the programs as outlined.
a) You have chosen to enroll in the specified programs and classes.
b) Upon completion and full payment of any phase or program, your membership will automatically renew, and the terms of the original agreement you signed will continue to apply for any subsequent phases or programs unless otherwise stated. A new agreement will only be required if there are significant changes to the terms or services provided.
c) Overtime Fitness reserves the right to photograph, film, or stream your participation during classes or on the premises. You grant permission for Overtime Fitness to use such media for promotional, sales, or advertising purposes, including but not limited to online platforms.
RELEASE:
6. The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.
7. In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns, and anyone else who may claim on my behalf hereby waive any and all claims, liability, and damages I may now or in the future have against Overtime Fitness, its directors, officers, instructors, staff, and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes, however caused.
8. I will comply with all the rules and regulations of Overtime Fitness.
9. Using this facility owned by 10051352 Manitoba Ltd. d/b/a Overtime Fitness involves the risk of injury to you or your guest(s), whether you or someone else causes it. Specific risks vary from one activity to another, and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by Overtime Fitness, you understand and voluntarily accept this risk and release 10051352 Manitoba Ltd., and each of the owners, officers, directors, employees, volunteers, franchisors, agents, and independent contractors thereof (the "Releasees"), from all liability for any injury, including, without limitation personal, bodily or mental injury, economic loss, or any damage to you, your spouse, guests, unborn child, or relatives, resulting from your use of Overtime Fitness, including any injury relating to the ordinary or gross negligence, actual or passive, of the Releasees or anyone acting on the Releasees' behalf or anyone using Overtime Fitness facilities, whether related to exercise or not. In consideration of your being able to participate in Overtime Fitness activities, you agree to indemnify, defend and hold the Releasees harmless against any liability, damages, defense costs, including attorneys' fees, and any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other acts or omissions. You further agree to hold harmless, defend, and indemnify the Releasees from all liability, damages, defense costs, including attorneys’ fees, and any other costs incurred in connection with claims for bodily injury, wrongful death, or property damage brought by you, your guests, or minors, even if the Releasees were negligent. You understand and acknowledge that the Releasees do not manufacture fitness or other equipment, but purchase and/or lease equipment. You understand and acknowledge that the Releasees and Overtime Fitness are providing instructional services and may not be held liable for defective products. You acknowledge and agree that you have read the foregoing and know of the nature of the activities at Overtime Fitness.
10. I further hereby release, remise, and forever discharge Overtime Fitness, its directors, officers, instructors, staff, and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs, and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Overtime Fitness.
11. I will not hold harmless and indemnify Overtime Fitness, its directors, officers, instructors, staff, and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes.
PAYMENTS:
12. I will pay a service charge of $20.00 for any payments 7 days past due. If there are three payments that are 10 days past due during the period of this Agreement, I agree to pay the remaining balance of the Agreement in full, in addition to any and all recovery charges incurred. The business will have the right to declare the entire remaining balance due and payable, and I agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorneys' fees.
13. I hereby agree that if the business is unable to process my payment from the designated account provided by me, the business is permitted to use any of the other account information provided as many times and as often as needed to replace the unpaid payments and service charges as explained below in this agreement.
14. In addition to any rights and remedies it may otherwise have, the business may terminate this Agreement upon ten (10) days' written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten (10) days after receiving notice of such failure.
15. Failure to attend the classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.
CANCELLATION TERMS:
16. This agreement may be canceled at any time by providing written notice. All cancellation notices must be delivered in person to the facility or sent via certified mail to the business at least 30 days prior to the desired cancellation date.
17. Cancellations may only be made in accordance with applicable laws of the Province of Manitoba. No refunds will be issued for cancellations under any circumstances. In addition to your cancellation rights available at law, you may cancel this Agreement as follows:
You die or become permanently disabled
18. If, by reason of death or permanent disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A "Permanent disability" means a condition which completely prevents you from using the facilities. The business reserves the right to have your permanent disability verified by a physician. The business shall retain the value for service already provided prior to your death or the onset of permanent disability.
You move
19. If you move more than 35 kilometers from the business, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums.
The Business Closes
20. If the business goes out of business, then you may cancel this Agreement, without penalty, and receive a pro rata refund for any prepaid sums.
TERMINATION OF MEMBERSHIP:
21. If you do not qualify for rescission or cancellation as described above, then you may not terminate your prepaid membership prior to the end of your fixed initial term. Once your initial term ends, your prepaid membership will expire automatically. To avoid a lapse in your ability to use Overtime Fitness’ facilities or services, please speak to our sales manager at least 30 days prior to the end of your fixed initial term. Sessions or services not used by the expiration of your then-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.
REFUNDS:
22. Prepaid members who properly rescind or cancel under the terms of this Agreement will be issued a refund for any prepaid sums, less the value of services received, within the time period prescribed by law. At your election, refunds may be processed electronically back to the credit card or designated account on file. Overtime Fitness has no obligation to pay a refund on sessions or services that you have used.
23. An account will be considered in default status after 30 days. Facility access will be terminated by this date, if not before.
BUYER’S RIGHTS IN MANITOBA:
RIGHT OF CANCELLATION:
24. You may cancel this Agreement from the day you enter the Agreement until 7 days after you receive a copy of this Agreement. You do not need a reason to cancel. If you cancel this contract, Overtime Fitness has 30 days to refund your money. To cancel, you must give written notice within 7 days after you sign it, of cancellation by registered mail to:
Overtime Fitness Inc.
997 Kapelus Dr #4, West Saint Paul, MB R4A 5A4
25. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile, or personal delivery. You must mail it or deliver it before the end of the 7 days. If you send the notice of cancellation by registered mail, electronic mail, or facsimile, it doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period. Also, Buyer or Buyer’s estate may cancel the contract if (1) the Buyer or Member dies, (2) the Member becomes totally physically disabled for the duration of the contract, (3) the Seller’s facilities are moved to a location that is more than five miles from the original facilities, (4) Seller’s services are no longer available as provided in the contract because of Seller’s permanent discontinuance of operation.
DISPUTE RESOLUTION (Canada):
26. To the extent permitted by applicable law, other than a claim for personal injury or a claim brought in small claims court, you agree that any dispute with Overtime Fitness, including its officers, directors, employees, and agents, may be resolved first through informal discussions with Overtime Fitness and then, if unsuccessful, by non-binding mediation. Mediation costs must be split equally. If a mediator cannot resolve the dispute, then, to the extent permitted by applicable law, you consent to a binding arbitration before a single arbitrator pursuant to the current laws and rules relating to commercial arbitration in the jurisdiction of your club of enrollment. Arbitration costs will be borne by Overtime Fitness in an amount as fairly determined by the arbitrator.
CLAIMS:
27. To the extent permitted by applicable law, you and Overtime Fitness agree that each may bring claims against the other only in each party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
OTHER TERMS AND CONDITIONS:
MEDICAL CONDITIONS:
28. Before using Overtime Fitness or its facilities, you represent that you are in good health and have no disability, impairment, injury, disease, or ailment, preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. You assume full responsibility for your use of our facility and shall indemnify Overtime Fitness, its affiliates, agents, and employees, against any and all damages arising out of your use of the facilities.
CUSTOMER SERVICE:
29. Any questions about this Agreement or issues with your membership can be directed to our manager at Overtime Fitness, 997 Kapelus Dr #4, West Saint Paul, MB R4A 5A4.
CHANGE IN MEMBERSHIP OR BILLING INFORMATION:
30. You must promptly notify Overtime Fitness in writing of any changes in your billing information, address, or telephone number. You expressly permit Overtime Fitness, or its authorized billing company, to obtain such updated information through payment card networks, card issuers, or other third parties.
DRESS CODE:
31. Proper athletic attire, including indoor shoes, is required. Overtime Fitness reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
SMOKING:
32. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in our facility.
LOSS OF PROPERTY:
33. You and guests are encouraged not to bring valuables onto the premises of our facility. Overtime Fitness shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
DESCRIPTION OF SERVICES:
34. Overtime Fitness offers a group fitness workout that may involve cardiovascular activity, light weight training, high intensity interval training and/or calisthenics. Each group fitness session lasts approximately 30 minutes, seeks to target the participant’s full body, and is led or supervised by a certified personal trainer or coach. The schedule of sessions, and facility hours of operation, will normally be posted via a schedule of available sessions and the hours of operation at the facility, online (at the location’s website, overtimefitness.ca), or, where available. Session schedules and coach or trainer availability is subject to change, with or without notice. You are encouraged to sign up in advance for all scheduled sessions - walk-ins will be accommodated on a first-come, first-serve basis based on class size.
PRIVATE TRAINING:
35. Use of private trainers or instructors not approved and employed by Overtime Fitness is prohibited at the Overtime Fitness facility. You may not train or instruct other members or guests, conduct business activity, or solicit any business at our location.
CHILDREN’S USE:
36. Children under the age of 13 are not permitted in the facility unless they are actively involved and enrolled in a session and a parent or legal guardian has signed the Minor Participant Waiver in person at the Overtime Fitness facility.
IMAGE USE:
37. You understand that while on Overtime Fitness premises, your, or your minor child's image (including live or recorded video images), may be used or shown on websites or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images. You acknowledge that our location may be under continuous 24/7 video surveillance for security and training purposes.
NON-DISCRIMINATION:
38. Overtime Fitness represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.
MEMBERSHIP TERMINATION:
39. Overtime Fitness reserves the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, Overtime Fitness will notify you in person or send you a written notice of termination to your address on file and refund you any unused prepaid dues.
CHANGING THE TERMS, RULES AND REGULATIONS:
40. Overtime Fitness may, at its sole discretion, change any term in this Agreement, which will become effective upon Overtime Fitness providing you with written notice of the proposed change; and
41. giving you 30 days after your receipt of such notice in which to cancel your Agreement, penalty-free, or renegotiate the change as to you. If, after a change is announced, you pay the next month’s invoice, you will be considered to have accepted the change.
MEMBERSHIP FREEZES:
Non-Medical:
42. If you are temporarily unable to use the Overtime Fitness facility for non-medical reasons, you may freeze your membership for a maximum of 3 weeks per year. The time extension for a non-medical freeze must be done in full-week increments, and the time will be added to the end of your Agreement term. There is no monthly cost for a non-medical freeze. You acknowledge and understand that by freezing your membership, the term of your membership will be extended by the amount of your freeze and you will still be obligated to pay your monthly dues, as per the terms of the Agreement, until your initial term has expired. Overtime Fitness reserves the right to adjust its freeze policy from time to time in its sole and absolute discretion. Any retroactive freeze request will not be accepted. Freezes are only applicable on annual memberships.
Medical:
43. If you are temporarily unable to use the Overtime Fitness facility for medical reasons, you may freeze your membership for up to 2 months per year. The time extension for a medical freeze must be done in one-week increments, and the time will be added to the end of your Agreement term. There is no monthly cost for a medical freeze, although you may be required to provide Overtime Fitness with a written doctor's note verifying the medical-based freeze on your account. You acknowledge and understand that by freezing your membership, the term of your membership will be extended by the amount of your freeze and you will still be obligated to pay your monthly dues, as per the terms of the Agreement, until your initial term has expired. It shall be your responsibility to notify Overtime Fitness of your return from a freeze. Overtime Fitness reserves the right to adjust its freeze policy from time to time in its sole and absolute discretion. Any retroactive freeze request will not be accepted. Medical freezes are only applicable on annual memberships.
LIMITED LIABILITY:
44. Unless prohibited by federal law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental, or consequential damages, even if one party told the other party that they might suffer these damages.
PREVAILING PARTY:
45. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
CONSENT TO CONTACT:
46. By electronically signing the Agreement, you are giving Overtime Fitness and its authorized vendors consent to contact you by email, text message, or telephone to the contact information as described in your account, including the mobile phone number provided, for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and/or promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. You expressly consent to receive autodialed and/or pre-recorded messages from or on behalf of Overtime Fitness and its authorized vendors at the phone number provided, including any wireless numbers, as applicable (standard text rates apply). Your consent is not a condition of purchase.
CONFIDENTIALITY:
47. Overtime Fitness is committed to protecting the privacy of personal information of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely, and used only according to your wishes. We collect personal details under the Personal Health and Information Act (PHIA) necessary to communicate with you and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed, or if you wish to receive a full copy of our full privacy policy, please contact our privacy officer.
ENTIRE AGREEMENT:
48. Verbal agreements with an Overtime Fitness employee will not be accepted as valid. Except as expressly provided herein, only this Agreement, and all applicable rules and regulations, as revised from time to time, constitute the entire and exclusive agreement between you and Overtime Fitness, and supersede all prior written and/or oral promises, representations, understandings, and/or agreements relating to this membership purchase.
GOVERNING LAW:
49. This Agreement shall be governed by the laws of the province or territory where you reside and the federal laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the province or territory where you reside.
PROVISIONS:
50. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
51. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations, and agreements, whether oral or written with respect to the subject matter of this Agreement.
52. I acknowledge I will be receiving a copy of my signed Agreement.
ELECTRONIC SIGNATURES:
53. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement.
54. I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors, or assigns may have against the Facility.
This document serves as a review of the terms and conditions. Individual membership agreements must be signed prior to registration and authorized by the owners. Terms and conditions are subject to change at any time without notice. A copy of the individual membership agreement can be requested through the Overtime Fitness Manager.
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