There's always a time that fits your schedule, No Excuses!
*Contact club for all Holiday Schedules.
There's always a time that fits your schedule, No Excuses!
*Contact club for all Holiday Schedules.
Rules and Regulations
1. The Club agrees to make available to the Member certain facilities as described in section 3-B on the front of this Agreement. The Member agrees to pay The Club the amounts shown in 3-A and to use services and facilities pursuant to the following Terms and Conditions. The following rules pertain to the use of all The Club facilities and services and form part of the Membership Agreement to which this schedule is attached.
2. The Club reserves the right to amend/add to these Club Rules, as it may seem necessary from time to time. The Member agrees to uphold/obey all rules and regulations now in force or in the future as modified by The Club.
3. As the “Member” in some cases has not reached the age of majority for the purpose of this contract/agreement, the terms I/We, Member/Buyer/Customer applies to all parties signing the contract who have reached the age of majority (18 years of age). However, under no circumstance is PFF responsible or held liable to any party falsely representing themselves, in respect to age or parent/guardian authorization. This will be considered unlawful.
4. The Club agrees, for the duration of this Agreement, to maintain facilities which are similar with respect to quality and provision of services of the facilities presently operated by The Club as set out in section 3-B on the front of the Agreement. In the event that The Club ceases to operate the facilities referred to at the location mentioned in section 1-A on the front of this agreement The Club reserves the right and the Member agrees to the transfer of his/her rights and obligations pursuant to this Agreement, to such other facilities within (30) km thereof, as described in this paragraph. In the event of any interruption or delay in any of the services contracted for the Member, the Member agrees that this Membership shall remain in full force. Interruptions or delay in facility or services is not and will not be tolerated or accepted as grounds for cancellation or delinquency in payment.
5. The Member agrees while using any facility or service of The Club he/she will not conduct himself/herself in any way which promotes a danger to or creates a nuisance for the management or any other persons using the facilities or services of The Club. If a Member is asked to leave the premises due to behavior misconduct, the member will receive No refund for services paid and if on a periodic payment plan, the full balance of the agreement becomes due and payable immediately. At the Managers discretion, with the renewed compliance and understanding of the member, The Club will reinstate membership privileges for the member.
6. Notwithstanding any other provision to the contrary, following the initial twelve (12)month period, this agreement may be cancelled by The Club upon thirty (30) days prior written, posted or advertised notice to the Member.
7. If The Club wishes to increase the periodic fee payable by the Member, following the initial twelve (12) month period, then The Club will give written notice to the Member of the new periodic fee. This notice will be posted for all to see at least forty-five (45) days before the increase goes into effect. If the Member rejects the new periodic fee, he/she must give written notice of cancellation in accordance with Term 35 below. If the Member gives no written notice, he/she shall be deemed to have accepted the new periodic fee and this new fee deducted from his/her account accordingly without interruption.
8. The Member shall be in possession of a valid membership card at all times when making use of The Club’s facilities or services. The Member shall pay The Club, a fee of one hundred dollars ($100) for the issuance of the Membership card. The Membership card allows the Member access to The Club location as set out in section 1-A on the front of the Agreement. In the event of a loss of the Membership card by the Member a replacement card shall be reissued, upon payment of a replacement fee of ten dollars ($10) to The Club. The Club will replace damaged cards free of charge to the member, provided the member surrenders part or the entire damaged card.
9. The Member may invite guests to join him/her for use of the facilities and services indicated herein for an additional fee of ten dollars ($15) plus applicable TAX, payable to The Club.
10. Subject to the use of the guest passes and the payment of guest fees as referred to in Rule 9, hereof the following rules shall apply.
(a) Guest must be at least 18 years of age, surrender valid picture ID to reception while using The Club premises and no guest may attend more than once in a (24) month period on a complimentary basis.
(b) All guests must agree to comply with all the rules and regulations of The Club and understand that the privileges extended to a guest may be withdrawn at the absolute discretion of The Club.
(c) A guest must at all times be accompanied by the sponsoring Member. Sponsoring Member is responsible and personally liable for the conduct of the guest.
(d) Each guest must sign a Guest Wavier form of release provided by The Club, releasing The Club from all liability and claims before using any of the facilities.
11. The Club agrees to extend time freeze privileges under the following conditions;
(a) The Membership is in good standing and the Member continues to honor the periodic payments to The Club as agreed upon in this Membership Agreement.
(b) The time freeze is for a valid medical or business reason and is for a period of no less than thirty (30) days and not to exceed one hundred and twenty (120) days.
(c) The time freeze application may only be granted twice (2) in one year and The Club requires one (1) months prior notice to process any freeze application.
(d) The time freeze request must be made by hand delivering written notice to the Manager/Operator of The Club location address set out in section 1-A on the front of this agreement
(e) An administration fee of twenty-five dollars ($25) will be charged for every time freeze application at which time the Member will receive a signed and dated administration email receipt.
(f) Any accrued time as a result of this time freeze will be added to the Members membership only after the Member has completed the obligatory twelve (12) month periodic fee payment schedule, as stated in Section 5A on the front of this Agreement and only if/when requested in writing by the Member.
(g) At the point in time the Member has exhausted or used his/her time freeze accrued time, The Club will automatically renew the agreement for further successive period of one (1) month and also resume periodic payment withdrawals from account(s)/credit card(s), provided the Member may cancel this agreement as per section 5-A on the front of this Agreement.
12. Dress Code - Platinum Fitness respectfully reserves the right to determine the acceptability of all exercise attire. Indoor non-marking shoes are required while using the facilities as needed or required for the exercise program. No cut off shirts or shorts, as well as anything considered offensive to other members and absolutely No gang colors or paraphernalia.
Terms and Conditions
13. In consideration of The Club allowing you to pay for your Membership on a periodic basis, you hereby authorize The Club to obtain/share credit information from/with reporting agencies on you from time to time. Your signature on this agreement is your acknowledgement of and approval of this credit information check/request that may be requested or shared with other credit agencies, like Equifax, Trans Union, etc.
14. The Club may assign all of its rights, interests and obligations pursuant to this Agreement to any person or purchasing company without the consent of the Member. The Member shall not assign or transfer any of his/her rights or obligations pursuant to this agreement. In respect to usage, this agreement may only be transferred to a non-member (allocated by the member wishing to transfer) by the General Manager and must be accompanied by a twenty-five-dollar ($25) transfer fee.
15. The Member acknowledges that The Club has the right to cancel this agreement at any time after giving the Member thirty (30) days’ notice in writing that The Club facility as outlined in this agreement is to be closed for business. The Member also agrees that The Club after having given notice, as above, will not be responsible for the return of any monies paid pursuant to this agreement nor will The Club be held liable to provide services to the Member after the period of notice given.
16. The Member expressly acknowledges that he/she will be engaging in physical exercises and activities while attending The Club facilities, which could cause injury to the Member. The Member hereby states that he/she is and will be voluntarily participating in these physical exercises and activities and the Member hereby assumes all risks of injury which might result from these physical exercises and activities. The Member hereby waives and releases any and all claims that he/she now has or may have against The Club, its agents, officers, employees and any affiliated companies, for injury or loss sustained by the Member as a result of these physical exercises and activities and for any loss or theft of personal property within or around the facilities operated by The Club. The Member hereby acknowledges that he/she has carefully read this waiver and release and fully understands that it is a release of liability claim against The Club and agrees that such a waiver and release is reasonable and proper based on the nature of The Club’s business.
17. In the event of an injury the Member must immediately notify the Management of The Club and provide full written particulars of the injury and the accident upon being requested to do so.
18. The Member expressly acknowledges and hereby waives/releases and holds harmless The Club, it’s agents, officers, employees and any affiliated companies from any liability with respect to injury or loss sustained by the Member or Members property arising out of or connected with physical exercises and activities; also for bodily injury or personal injury, actual or alleged, arising out of the contraction, aggravation or worsening of any disease of the human body. It is stated and agreed that this term shall apply for any additional temporary services or facilities provided by The Club from time to time.
19. The Member agrees to submit to a Cardio-Med Evaluation/ Physical Assessment and Program Consultation (nutritional, physical, medical, goals and objectives) before using any of The Clubs facilities. The Member agrees to undergo a Cardio-Med Evaluation/ Physical Assessment and program Consultation every other month during the course of his/her Membership. These tests will be administered in The Club’s Health Centre, as warranted.
20. The Member hereby warrants that he/she is in good physical condition and that he/she has no liability, impairment preventing him/her from engaging in active or passive exercise or that will be detrimental or injurious to his/her health, safety, comfort and physical condition or that of other(s). The Member hereby represents that he/she will not use any Club facility or services while having any open cuts, abrasions, open sores, infections, illnesses or any other physical impairments that could be aggravated by use of the facilities. The management of The Club’s facilities or services shall have the right to make a final binding determination in this regard.
21. No representations written or verbal other than those contained within this agreement are authorized by or binding upon The Club. This agreement constitutes the entire agreement and understanding between the Member and The Club pertaining to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions whether verbal or written of the parties and there are no warranties representations or other agreements between the parties in connection with its subject matter executed in writing by all of the parties.
22. This agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario and shall be treated in all respects as an Ontario contract.
23. This agreement shall endure to the benefit of The Club by binding upon the Member and its heirs, executors, administrators and permitted successors and assignees.
24. If any provisions of this agreement are determined to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall attach only to those such provisions independently and everything else in the agreement shall continue in full force and effect with respect to the governing Law.
25. The Member will also agree to provide The Club with changes in any bank/billing/contact information as it occurs.
26. The Member agrees to pay for all initiation, membership, personal trainer fees and all other payments applicable & associated under this Membership Agreement. By signing this Membership Agreement, the Member authorizes The Club to draw periodic cheques or prepared debits by paper or electronic entry, covering all payments including, periodic fees and all other applicable payments of this Membership or Fitness Agreement.
(a) Promotional periodic fees will be honored by The Club and the member/buyer accepts the additional annual charge equivalent to no less than (1) periodic fee or associated registration fee, billed every 1stweek in January.
27. In allowing periodic payments by Pre-Authorized Payment, the Member/Buyer or undersigned acknowledges all points set out below as personal direction and approval on their behalf to their Bank or Credit Card Company.
(a) Any delivery of this authorization to you constitutes delivery by the undersigned requesting you to debit/charge all amounts payable to The Club drawn on or directed through a chartered bank on behalf of The Club.
(b) Handle all debits the same as if the undersigned has personally directed you to pay as indicated and to charge the amount specified to the account of the undersigned.
28. The Member acknowledges and agrees that a service charge of thirty-five dollars ($35) shall be paid to The Club in the event of either a returned, dishonored, missed payment or a or change of status of Membership. The Member will also be liable for all costs incurred by The Club in the collection of past due obligations to The Club including court costs, collection fees and reasonable solicitor’s fees.
29. If for any reason any form of payment is returned; or is not received within three (3) days of the contract due date; or if any item is late by three (3) days; or if any item is returned for reasons of stop payment, account closed, Non-Sufficient Funds or any other reason, the Member will be considered in default of the contract and the full amount of the contract becomes due immediately, including any and all charges stipulated in Term 30 below.
30. If for any reason the Member defaults on his/her contracted payment obligation the Member hereby authorizes The Club or its assignee to collect the outstanding monies plus service charges and interest in any method available to them. In any default situation the Member completely understands and authorizes that he/she will be billed through the drawing of electronic, magnetic or paper debits of either the Members/Buyer’s checking/savings account(s) or major credit card(s) i.e. Visa, Master Card, American Express, or Void Check etc. Having agreed to all Terms, specifically 27 (a)(b), 28 & 29 above, it is fraudulent and unlawful to make false claim(no agreement exists), dispute or chargeback pre-authorized membership charges under this agreement, to Credit Card/Financial institutions while this agreement exists between “The Member/Buyer” & The Club (PFF).
31. The Member hereby agrees that the company has the right to change The Clubs hours of operation from time to time as it may determine necessary. Any such change in hours is hereby accepted by the Member and the Member agrees that any such changes in hours will not affect the terms and conditions of this contract.
32. The Parent/ Guardian agrees that this whole agreement especially Terms 17-22, apply to their son/daughter and gives their consent to their son’s/daughter’s participation and use in any/all of The Clubs activities or facilities.
33. It is the Members obligation to read, understand and abide by all the rules, Terms & Conditions of The Club. You may choose to engage or waive your right to legal counsel before signing/accepting the terms this agreement.
34. The Member may rescind this agreement, only within ten (10) days of singing the contract, by hand delivering a written notice of rescission to the Manager/Operator of The Club location address set out in section 1-A on the first page of this agreement, at which time the Member will receive an emailed signed and dated cancellation receipt. An administration fee equal to and no more than the Prescribed Amount (C.P.A, 2002, O. Reg, 17/05 P.D.S Part IV, sec.27) will apply and be withheld as non-refundable payment. Any deposits greater than the Prescribed Amount, as stated in this paragraph, will be refunded entirely within fifteen (15) business days of receiving the proper notice as described in Term 36 below
35. The Member may cancel this Agreement after completing the initial twelve (12) month periodic payment schedule under this contract, as set out in section 5-A, upon delivering one (1) full prior months written notice to the Manager/Operator of The Club location address set out in Section 1-A on the front of this agreement. Without such written notice the Member understands, agrees and gives notice that the agreement will be renewed for continuous further successive period(s) of one (1) month thereafter, until proper notice is received. Non-attendance, failing to remember, stop-payments, over the counter, verbal, messenger, fax, email or phone cancellations are not valid, accepted nor binding upon The Club. When proper notice is received by The Club, a Release/Cancellation receipt will be emailed to the member as necessary proof of cancellation, identifying final debit date.
36. Your Rights under the Consumer Protection Act, 2002 O. Reg. 17/05, s. 28 (3).
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for canceling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
All prices are subject to any applicable Federal or Provincial Tax.