Payment: The Member is purchasing results, not 'exercise sessions' or 'passes.' All sessions are by prepaid appointment only. The amount paid is non-refundable except as stated hereafter. All sessions in a package must be completed within one year of the Member starting that package. Sessions are not transferable without written consent from The Studio...
Training Sessions: Members are purchasing a program and not the services of an individual trainer. The assigned trainer may not be available to conduct any one or all sessions/calls. In this case, another trainer will be posted. Member is not entitled to a refund if the initially assigned trainer is not available. Arrival at a session/call after 15 minutes of your scheduled time will be considered a "no-show," and the session will be counted as being used. Members who have an unlimited pass get three strikes-after which the expiry date is reduced by a day for every session missed. Regardless of starting time, all sessions will end at the predetermined end time.
Rules: The Member agrees to follow instructions set out by the leader.
Health: The Member represents that they do not have any health condition that strenuous exercise could worsen. Member understands that The Studio trainers are not medically trained to monitor Member's health during exercise. Members agree to contact their doctor for any questions regarding their ability to exercise safely. This program is for recreational use only, and nothing stated, given, or written should be taken as medical advice.
Renewal: To reserve Member's time slot(s), a Member may renew this Agreement by making the first payment on another package before their final paid session/call. Payment on any new package of sessions renews this Agreement. The Studio may increase/decrease rates at any time, except for the sessions included in this Agreement. The Studio is not obligated to continue this Agreement at the same rate.
About the Term Agreement
If you cancel or reschedule a session/call after 6:00 pm the day before your appointment, it counts as a used session/call. This policy is strictly enforced with no exceptions. You may call our 24-hour time-stamped voicemail PHONE [604.243.7498] even on Sunday. You will receive a communication confirming our receipt of your message. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are unreasonable, we will discuss this with you. However, we reserve the right to cancel your dedicated time slot(s).
You may cancel this Agreement within three days exclusive of holidays and weekends, of its making, upon delivery of written Notice to email@example.com or #117-4801 Joyce Avenue Powell River British Columbia, Canada. You will receive a communication confirming our receipt of your message. You will receive a complete refund of all monies paid within 30 days after receiving the Notice of cancellation made within the 3-day provision. You may also cancel this Agreement under other conditions stated on the cancellation/termination. The Agreement won't be considered cancelled until you receive an official cancellation notice from us. This Agreement contains a waiver of rights you may have to claim damages for loss, injury, or death from DynaMike HIIT & Circuit, its officer's affiliates, and others having a vested interest in DynaMike HIIT & Circuit.
Cancellation upon death or disability:
The Agreement can be cancelled if the member dies or becomes physically unable to avail themselves of a substantial portion of those services they used from the commencement of the Agreement until the time of disability. A refund of funds paid or accepted in payment of the Agreement will be processed in an amount computed by dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. The member or the member's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the Agreement by the member shall be established if the member furnishes to The Studio a certification of such disability by a physician licensed in British Columbia to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. The Studio will issue a refund within 30 days after receiving the Notice of cancellation made according to this paragraph.
Other Cancellation Provisions:
If The Studio's current location goes out of business or moves its facilities more than ten driving Kilometers from the current location and fails to provide, within 30 days, a facility of equal quality located within ten driving Kilometers of the original business location at no additional cost to the member, you may cancel this Agreement and receive a complete refund of all dues paid for future services within 30 days after receipt of the Notice of cancellation. The member shall provide to the studio, in writing, a Notice of Intent to Cancel.. Such a Notice of Intent to Cancel from the member shall also terminate automatically the member's obligation to any entity to whom The Studio has subrogated or assigned the member's Agreement. The business location of the studio shall not be deemed out of business when temporarily closed for repair or renovation. This also applies upon sale of the business or the building, for not more than 14 consecutive days, or during ownership, for not more than seven straight days and not more than two periods of 7 consecutive days in any calendar year. Notice of Intent to cancel or termination by the Member under any provision of this Agreement must be delivered via e-mail to firstname.lastname@example.org or #117-4801 Joyce Avenue Powell River British Columbia, Canada. Your Agreement will not be considered cancelled until you receive an official cancellation notice from The Studio.
All fees for this Agreement are immediately earned by The Studio. All fitness service fees are non-refundable unless expressly stated otherwise in the Agreement. If you are entitled to a refund, your refund will be limited to unused sessions. In no event are you entitled to a refund for used sessions.
Termination for Cause by DynaMike HIIT & Circuit (the studio):
The Studio may, at its option, terminate your Agreement if you fail to make timely payments under any payment plan, any monthly fees or dues are late, the monthly EFT/RCC payments or dues are interrupted or discontinued for any reason, and you or your co-signer (If applicable) do not provide an acceptable alternative, you fail to follow any of the studio membership policies or studio rules or violate any part of this Agreement, or your conduct is improper or harmful to the best interest of the studio or its members. Termination is effective on the date the studio e-mails a written notice to your last known address. You are liable for all financial obligations until that date.
I understand that the results of any fitness program cannot be guaranteed and that my progress depends on my ability to follow and learn through instruction, my effort and cooperation in and outside of the sessions. This includes but is not limited to: following recommendations made during nutrition coaching not chewing gum in class performing with sufficient effort showing up early enough to be completely ready before the session begins and wearing appropriate footwear
Termination Without Cause by 'the studio':
The Studio reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If the studio does so, it will mail a written termination notice to your last known physical address and refund any unused prepaid dues.
Early Termination Fee:
You may cancel this Agreement before the agreed-upon term has been reached by paying 1/2 of the remaining balance left on the Agreement. For example, if you are 2 months into a 12-month agreement (10 months left), your termination fee would be the equivalent of 5 months x the agreed-upon monthly rate.
Studio Closed Days & Membership Freeze Policy:
The Studio offers a lower rate when members commit to a longer-term. The term chosen must be fulfilled or forfeited. After all, it's about working toward results. Member's are cautioned to make an educated decision when investing in the lower-rated term agreement, to fully understand the requirements of the level of commitment and select the package accordingly. Agreements are legal and binding. If you're not paying in full, The Studio offers a monthly contribution plan. **Not to be confused with Month by Month membership**.The Studio will only freeze your Agreement if you are in good standing, you have all initiation fees paid, you are current on your monthly dues, you provide at least ten (10) days notice for a freeze request to allow the studio to process your request. Your Agreement will only be considered frozen upon receiving an official Freeze Notice from The Studio. You will still be charged for the freeze periods, and the "frozen time" will be added at the end of the current agreement term.3 month membership: 1 week of freeze allowed6 month membership: 2 weeks of freeze allowed12 month membership: 4 weeks of freeze allowed. The studio will be closed on Statutory Holidays and open with limited classes during the first 2 weeks of August unless otherwise stated. (Often, if there is enough interest, some classes will continue to run). During these times, Weight Management Program members are provided with 'Homework' and other members will have access to other workouts provided via the @home on-demand system.
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