I (Member) hereby authorize Fitness53 Office to effect payment for monthly dues and approved membership charges for the duration of my
membership through electronic funds transfer. This authorization is to remain in full effect until Club has received WRITTEN NOTIFICATION from me
on cancellation in writing by fax, by certified letter, return receipt requested THIRTY DAYS NOTICE.
1. PROVISIONS
The Fitness53 will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, circuit
training equipment and free weight training area. The Fitness53 and facilities may be unavailable during a period of repair and maintenance or
special events, programs or private parties, or by Management's schedule for these events.
In order to keep the facility in the best possible condition a portion of the Fitness53 may be closed for a temporary time
period for repairs and renovations. There will be no adjustment in dues for this period of closure.
2. MEMBER'S HEALTH WARRANTY
The member warrants and represents that the member or any family member or guest entitled to use the facilities of the Fitness53 under the
terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be
detrimental or adverse to such person's health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges
and agrees that: 1)the Fitness53 will rely on the foregoing warranty in issuing the Membership; 2)the Fitness53 shall have no obligation to
perform a fitness assessment or similar testing to determine the Member's physical condition; 3)if any fitness assessment or similar testing
is performed by the Fitness53, it is solely for the purpose of providing comparative data with which the Member can track progress in a program
and is not for diagnostic purposes; 4)the Fitness53 shall not be subject to any claim, demand, or injury whatsoever on account of the Fitness53
Fitness Club's evaluation or interpretation of such fitness assessment or similar testing; 5) The Fitness53 shall not be liable for any injury
arising out of the member's disability, impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be
detrimental or adverse to such person's health, safety or physical condition if he/she does so engage or participate. Each member and guest
should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a
medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY
Each member of the Fitness53 shall be liable for any property damage and/or personal injury (caused by the Member, Memer's Family, Guest
or any other person) at the Fitness53 or any activity or function operated, arranged or sponsored by the Fitness53. It shall be the
obligation of the member to pay for any cost involved upon presentation of a statement thereof. Any and all use of the Fitness53 facilities,
or participation in, the Fitness53 activities operated arranged or sponsored by the Fitness53 either on or off the Fitness53 Fitness Club's
premises by the Member, Member's family or Guest(s) shall be AT SUCH PERSON'S OWN RISK, and the Fitness53 shall not be liable for any
injuries or damages to such person, or the property of such person, or be subjected to any claim, demand, injury or damages. The Member
individually, and on behalf of the Member's personal representative, heirs, administrators, assigns and successors does hereby expressly forever
release and discharge the Fitness53, its successors and assigns, as well as its officers, agents and employees from all such claim, demands,
actions, or causes of action. Fitness53 reserves the right to use images and video captured for media publications.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT
Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, Fitness53 property dues, or for
behavioural inimical to the environment of the Fitness53 Fitness Club by other members and staff for any reason deemed sufficient in the
sole discretion of Management
5. BUYER'S RIGHT TO CANCEL OR TERMINATE
Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract. Cancellation must
be in writing and delivered to Fitness53 Fitness Centre either in person, by fax or by certified registered mail. All faxed and mailed
cancellations will be dated 30 days from fax date or postmark. Dues for the final month will be pro-rated and billed during the final month.
In the event of a three (3) day cancellation, the Fitness53 will refund all enrolment fees and dues paid. Month-to-month members may voluntarily
terminate membership at any time after their 3 month agreement for any reason by: 1)notifying the Fitness53 in writing by fax, certified mail,
return receipt requested or in person 30 days prior to cancellation and; 2)paying all current charges prior to termination. You may also cancel
if the Member relocates more than 20 miles from the Fitness53 and provides adequate proof of residence. Fitness53 enrolment fees are
non-refundable except as indicated above.
6. UNPAID BALANCES
Management reserve the right to suspend and/or terminate membership privileges.
7. AGREEMENT AND RELEASE OF LIABILITY
Fitness53 Fitness Centre will provide access to the building using a bar code system. I acknowledge the supervision is not always
provided at the facility. I acknowledge that the use of secure entry method by someone other than myself may result in loss of
membership.
8. ENTIRE AGREEMENT:
This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation,
understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
