PLEASE READ ENSURE YOU AGREE TO ALL APPLICABLE SECTIONS
This Agreement is for coaching designed to progress the Client toward their fitness goals. This Agreement is for coaching services and other activities (collectively, the “Services”) provided to the Client by Raincity Athletics Inc. (“Raincity Athletics”) over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with the Agreement. This is not an Agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period. The duration of this agreement will be determined by your membership which will not be updated, adjusted, or changed, without written consent or request from the client.
MONTHLY GROUP CLASS MEMBERSHIP AGREEMENTS
PAYMENT AND BILLING
The client may choose to pay for services by either of the following options:
(1) the Client may pay in advance the full amount owed to Raincity Athletics for the Services he or she has contracted for (and receive a %10 discount on all contracts paid up front in full). This payment is non refundable and non transferable to other programs. A pre-paid membership may be held (following clients right to hold) but will not be refunded or credited to any other services.
(2) the Client may elect to have Raincity Athletics charge the Client’s credit card or deduct from the Client’s account via electronic funds transfer, or EFT, on a monthly basis. With respect to payments made in accordance with clause 2 of the prior sentence, Raincity Athletics will automatically charge the Client for Services to be rendered during each month on the first business date of that month. It is the clients responsibility to ensure auto pay is enabled on their account, or that payments are made on time to avoid late fees.
This contract will be considered active for as long as the membership that it is associated with it as outlined via your member profile at app.zenplanner.com. If at any point the information under the client’s profile is incorrect, it will be up to the member to notify Raincity Athletics or correct any information. By signing this agreement you acknowledge that the membership you have signed up for is the appropriate contract term. No changes will be made to this membership or duration without written request / consent from the client.
CLIENT'S RIGHT TO CANCEL
The Client must pay all applicable fees as outlined below unless by reason of death or disability, Client is unable to participate in the Services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for the Services other than those received prior to death or the onset of disability (subject to receipt by Raincity Athletics of a signed doctor’s note regarding the nature of the disability).
EARLY CANCELLATION FEES:
In the event that the Client wishes to terminate their contract in advance of its expiration date. The Client shall pay to Raincity Athletics a fee of 50% of the remainder owed for the membership. If moving more than 100km away, or out of province (with proof) then this fee will be dropped to %25 of the remainder owed.
When applicable, the Client may use up to $200 of their cancellation fee towards other services within the same program.
Example: Client signs a 6 month agreement for a [FF] Unlimited membership at a rate of $220 / month and chooses to cancel after 4 months. The Client’s cancellation fee will be $220. The Client may purchase a [FF] Punch card ($200), and then pay the remaining $20 to cover their total cancellation fee.
CLIENT’S RIGHT TO HOLD
The Client may with valid reason (as determined in good faith by Raincity Athletics which could include but is not limited to: pregnancy, major injury, major family emergency, vacation or travel out of province) for periods of (minimum) one month (30 days) or more request to temporarily cease payments and stop receipt of Services by placing their Agreement on hold (each such period, a “Holding Period”). Approval of a request to place the Agreement on hold is at the sole discretion of Raincity Athletics.
The request to place the Agreement on hold must be submitted 2 weeks (14 days) via email to firstname.lastname@example.org prior to the beginning of the Holding Period (i.e., no retroactive holds) and must include a date of return to active status that is 30 / 60 / 90 etc. days after the hold begins. Active status means that full payment each month per the Agreement will be made by the Client.
AUTOMATIC RENEWAL OF CONTRACT
Raincity Athletics will automatically renew the Agreement for the same term unless Client requests cancellation of the Agreement upon no less than 14 calendar days’ notice prior to the Agreement expiring. If the client fails to notify Raincity Athletics of nonrenewal at least 14 days in advance, the client will be required to pay for the subsequent month as well as any any late/cancellation fees.
CLASS REGISTRATION & CANCELLATION:
Class registration currently opens 48 hours in advance of classes (you will be notified if this ever changes), and clients may unregister from classes at any time thereafter until two hours prior to time the class is scheduled to begin.
Raincity Athletics holds the right to charge clients a $10 no-show charge if any or all of the criteria are met:
The client fails to notify Raincity of their reason for missing within 48 hours of the class
The client regularly reserves and no-shows for classes without good reason
The client reserves and no-shows for a class that is fully booked
The no show charge will be added to the client’s account and paid with the default account on file or the client can login to pay via app.raincityathletics.ca
PRIVATE PROGRAM AGREEMENTS
PRIVATE TRAINING, PROGRAMMING & ONRAMPS
Private training includes all 1 on 1 or small private group programs with a Raincity Athletics staff member. This includes (but is not limited to); Private Training & small group training sessions, OnRamps, Assessments, Movement Screens or any other paid session.
‘NO SHOW’ FOR A SCHEDULED SESSION
In the case that a client does not cancel their scheduled Private Training (or similar) appointment at least 24 hours in advance, it is at their coaches discretion to charge up to the full session fee.
Once an OnRamp is purchased it may is bound by the same Client's’ Right to Cancel as outlined above. If the client chooses to cancel early they may buy out for 50% of the remaining cost assuming each session completed holds a value of $75 (plus applicable taxes). This cancellation fee may be put towards other private program fees with the same coach.
PRIVATE PROGRAMS & CLUBS
Private programs and clubs include (but is not limited to) the Raincity Barbell Club, Sport Programs & all Individual Programing.
All private programs & clubs are based on a 3 month (90 day) contract from the day the membership begins. The first month is NOT prorated and bills may be paid monthly or up front for the full duration.
The member must provide a minimum of 2 weeks (14 days) notice of cancellation, and must pay 50% of the remaining dues. It is at the coaches discretion to allow the client to use these fees towards other private services with the same coach.
SPORT ACCESS CLEANUP POLICY
Raincity Athletics holds the right to charge a fee of up to $10 if clients fail to cleanup after themselves during Sport Access (including OP) times. This includes putting all equipment back where it belongs, and wiping down all equipment used with the appropriate disinfectant cloths or wipes. Failure to do so will first result in a warning via e-mail, followed by a fee added to their account. Evidence of these infractions will be tracked via security cameras or staff photo logs.
Once a payment is made towards a program or service, that payment cannot be re-allocated towards other programs or services.
Example: Fees paid for [FF] Group Class memberships can only be re-allocated (when eligible) towards other [FF] group class fees or memberships. Fees paid towards private training or programming may only be reallocated (when eligible) towards other private training or programming services with the same Coach or trainer.
Raincity Athletics holds the right to increase rates and membership prices up to 3% per year. These increases will only take effect when an existing membership or contract is changed or renewed.
This Agreement is for coaching designed to progress the Client toward their fitness goals. This Agreement is for coaching services and other activities (collectively, the “Services”) provided to the Client by Raincity Athletics Inc. (“Raincity Athletics”) over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with the Agreement. This is not an Agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
POSITIVE ATTITUDE CLAUSE:
Raincity Athletics strives to create a positive and supportive environment for its members and athletes. If Raincity Athletics finds any members to be consecutively creating negative environments for its members or coaches, Raincity Athletics holds the right to cancel your membership (and fees) at any time without notice or refund of previous payments.
ANIMALS, PETS, BABIES & ADDITIONAL FAMILY MEMBERS:
Raincity Athletics will do its best to provide a suitable environment (when convenient) for 'additional family members' including (but not limited to) children, babies, and most pets. It is 100% on the owner to keep their additional family members from disrupting classes or other clients. It is also on the client to ensure the space is cleaned up after their additional family members. A small vacuum and wipes are provided to clean/disinfect any areas that your additional family member may have disrupted.
Failure to clean up after your additional family member may result in a $10 charge added to your next month's bill. You will be warned via e-mail before a charge is added.
Raincity Athletics Clients are generally welcome to bring their dogs to the premises of Raincity Athletics; however, if your dog is aggressive towards people or other dogs, or is otherwise a safety risk, Raincity Athletics asks that you do not bring your dog on the premises. Notwithstanding the foregoing, Raincity Athletics, and its staff, reserve the right to remove dogs from the Raincity Athletics premises for any reason or no reason whatsoever in the sole discretion of Raincity or any of its staff members. You agree that you are solely responsible and liable for the acts of any dog you bring onto the Raincity Athletics premises. By bringing a dog onto the Raincity Athletics premises, you agree that you shall indemnify and hold harmless Raincity Athletics and its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising out of or relating to any claim, suit, action, or proceeding by a third party arising out of or resulting from any bodily injury, death of any person or animal, or damage to real property or personal property resulting from an act of such dog or the presence of such dog on the premises. You acknowledge that by agreeing to the foregoing indemnity, you may incur significant liability. For that reason, Raincity Athletics recommends that you obtain independent legal advice prior to bringing a dog onto the Raincity Athletics premises (which signifies your agreement to the foregoing indemnity obligation).
Except as specified in the membership contract agreement, no refunds shall be made for the Services purchased by the Client.
Any bills not paid within 10 days of their due date may be subject to a $10 late fee. This fee will continue to be added for every 10 days late a payment is, unless otherwise discussed with an appropriate admin via writing.
Raincity Athletics will charge the client for any fees incurred from a bank due to there being insufficient funds in the client’s payment account or on the client’s credit card.
Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Raincity Athletics shall have all rights and remedies available, including termination of this/the Agreement and institution of an action for all applicable damages. If Raincity Athletics delays or refrains from exercising any rights under this Agreement, Raincity Athletics does not waive, nor will Raincity Athletics lose those rights. If Raincity Athletics accepts late or partial payments from the buyer, Raincity Athletics does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS
Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees that all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
This Agreement shall be governed and enforced in accordance with the laws of the province of British Columbia, In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Raincity Athletics and Client agree that the venue for such action shall exclusively be Vancouver, British Columbia.
In the event either party finds it necessary to commence litigation or other court action to enforce the terms and condition of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
ELECTRONIC FUNDS TRANSFER (EFT) AUTHORIZATION REQUEST:
Client hereby authorizes Raincity Athletics or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by Raincity Athletics for payment of any and all fees, late charges, costs, expenses or any other monies due to Raincity Athletics under terms and conditions of this Agreement. Client understand that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due to described above and the corresponding services charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, Raincity Athletics. Client may timely notify the financial institution in control of Client’s account to terminate the Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. Raincity Athletics or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur: Re-submit unpaid EFT draft -ten dollars, unpaid EFT draft (after re-submittal)- fifteen dollars, unpaid credit card debit- fifteen dollars, unpaid customer check- fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee- fifteen dollars.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
HEALTH NOTES: If you smoke or drink, take prescription medications, have pre existing injuries, restrictions in movement or physical issues that may be worsened by exercise, by signing this release you are confirming that you have been cleared by a Physiotherapist or appropriate Physician for high intensity exercise. If not, please talk to a staff member.
I UNDERSTAND AND AGREE that there is potential risk for injury involved in the training and participation of any physical activity. I further understand and agree that participating in the type of physical training provided by Raincity Athletics Inc. is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most participants will encounter this sort of minor injury from time to time. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude. The possibility of more serious injury exists, including fractured bones, broken bones, torn ligaments, though most participants do not encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling or death.
I FREELY ACCEPT AND FULLY ACKNOWLEDGE all such risks, dangers and hazards, resulting from my participation in any training or event hosted or sponsored by Raincity Athletics Inc. I am also aware that I should discuss my participation in this activity with my physician to determine the effect on my current health. It is my right and responsibility as a participant to immediately remove myself from participation in the training and notify the nearest coach, if at any time I sense any unusual hazard or unsafe condition or if I feel that I am physically, emotionally, or mentally unfit for continued participation in the training. I have read and understand the above statement of risk. I assume responsibility for my own safety, and I understand and accept the risks involved with my participation.
PHOTO/VIDEO RELEASE: Participants involved in any activities offered by Raincity Athletics Inc. may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Raincity Athletics website or in any editorial, promotional or advertising material produced and/or published by Raincity Athletics. If you have concern over any published media please do not hesitate to contact Raincity Athletics to discuss having it removed.
I hereby agree and acknowledge that Raincity Athletics Inc. video and audio records activities occurring at its premises [other than washroom facilities and changing rooms] for the purpose of maintaining a safe and secure premises and resolving any disputes that may arise from Raincity Athletics Inc.’s place of business. I hereby authorize Raincity Athletics Inc. to video and audio record activities occurring at the Raincity Athletics gym [other than washrooms facilities and changing rooms] and save such recordings for certain periods of time for the foregoing purposes.
PHYSICAL ACTIVITY AND READINESS QUESTIONNAIRE (PAR-Q)
1. Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor?
2. Do you feel pain in your chest when you do physical activity?
3. In the past month, have you had chest pain when you were not doing physical activity?
4. Do you lose your balance because of dizziness or do you ever lose consciousness?
5. Do you have a bone or joint problem (for example: neck, shoulder, back, knee, or hip) that could be made worse by a change in your physical activity?
6. Is your doctor currently prescribing drugs for your blood pressure, cholesterol or heart condition?
7. Do you know of any other reason why you should not do physical activity?
By signing this document you acknowledge that you do not answer ‘YES’ to any of the above questions. If you do, please notify your coach or trainer immediately before taking part in physical activity.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIM that I have or may in future have against Raincity Athletics Inc., its coaches, officials, members, agents, directors, officers, employees and representatives, and other participants (all of whom are hereinafter collectively referred to as “Releasees”.
I HAVE READ, understood and agree with the statements in the ACKNOWLEDGEMENT AND ASSUMPTION OF RISK portion of this document, and by assuming and acknowledging this risk, I completely absolve all RELEASEES from any and all liability for loss, damage, injury or expense that I may suffer, that a third party may suffer, or that my next of kin may suffer as a result of my participation in any of the activities and/or programs offered by the Releasees, DUE TO ANY CAUSE WHATSOEVER. I acknowledge my responsibility to ensure adequate medical personal health, dental and accident insurance coverage, as well as protection of my personal possessions.
IN ENTERING INTO THIS AGREEMENT I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this agreement.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE AGAINST THE RELEASEE.