ONE FAMILY FITNESS CENTRE WAIVER & INDEMNITY

I wish to use the gym facilities and gym equipment of One Family Fitness Centre (“OFFC).

 

In consideration for OFFC allowing my use of the gym facilities and equipment, I acknowledge and agree that:

 

OFFC does not assume any responsibility for injury or accident that may occur in the gym or as a result of activities conducted in the gym;

That my use of gym equipment or participation in activities in the gym may expose me to inherent risks, including accidents, injury, illness or even death.  My use of the gym and of the gym equipment is entirely at my own risk. OFFC does not warrant that all equipment is safe and free of defects at all times;

It is my sole responsibility to ascertain the need for medical advice prior to beginning physical activity in the gym;

 

OFFC is not responsible for the loss, damage or theft of personal property at the facility or otherwise;

 

I hereby indemnify and save harmless OFFC of and from all liabilities, obligations, damages, penalties, claims, costs (including reasonable professional fees), fines, suits, demands, and actions and causes of action which may be imposed upon or incurred by or asserted against OFFC by reason of my use (or, if I am signing this Waiver & Indemnity on behalf of a child or dependent, their use) of the gym or gym equipment; 

I do hereby release and discharge OFFC and its directors, officers, shareholders and employees and contractors from all claims, actions, causes of action, suits, debts, agreements, promises, damages, judgments, claims and demands whatsoever, in law or equity (including all claims for attorney fees), which it has ever had, now has, or hereafter can, shall or may have (including claims arising from negligence of OFFC or other users of the gym), which relate to or arise out directly or indirectly of the use of the gym and/or the gym equipment; 

 

OFFC WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO MY USE OF THE GYM OR GYM EQUIPMENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR PROFITS. OFFC AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT OF FEES EARNED BY OFFC IN DIRECT CONNECTION WITH YOUR USE OF THE GYM DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY; and

 

The terms of this Waiver & Indemnity shall survive indefinitely and shall not be terminated by virtue of my ceasing to use the gym or cancellation of my membership. The terms hereof shall endure to the benefit of and be binding upon the heirs, executors, legal administrators, successors and permitted assigns of OFFC and myself and any guardians that execute this Waiver & Indemnity.

 

By signing this Document, I consent to and declare that:

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ABSOLUTELY NO REFUNDS ON FEES DEBITED OR TRANSFERS RECEIVED, PERIOD. THIS IS A LONGSTANDING POLICY AND WE WILL NOT MAKE ACCOMMODATIONS. WE USE MULTIPLE 3RD PARTY PAYMENT PROCESSORS WHO CHARGE US FOR REVERSALS AND NSFS. REFUNDS ON MERCHANDISE WITH A VALID RECEIPT, NO REFUNDS ON MEMBERSHIPS OR PERSONAL TRAINING EVER. 

 

I HAVE READ AND UNDERSTOOD THIS WAIVER & INDEMNITY.  I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF, ON BEHALF OF ANY PERSON FOR WHICH I SIGN AS GUARDIAN, AND ON BEHALF OF MY AND MY DEPENDENTS, HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN), INCLUDING THE GIVING UP OF MY RIGHT TO SUE.

 

30 Day Cancellation Policy – Terms and Conditions

 

The member may request to terminate their agreement at anytime by requesting the cancellation waiver via email at info@onefamilyfitness.com

Membership will be terminated effective 30 days from receipt of completed Cancellation Form and member accepts any payment per signed “agreement” that may be debited within the next 30 days. Should member cancel within the first 90 days of membership, member consents to the early cancellation charges ($50.00+gst) in addition to any recurring charges.  

Key cards/FOBs must be returned to the facility before the last day of membership. A $20 fee will be debited for each card not returned. During Covid19 key cards/FOBs can be dropped off at front desk, swipe in and leave card on desk.

 

Personal Training Contract/Agreement

 

In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important! During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program.
By hiring a OFFC coach/trainer/instructor or one of our contractors, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by the leaders of the program.
 

Personal Training Terms and Conditions 

 

1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and an additional charge of up to 50 dollars. 

2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer. 

3. The expiration policy requires completion of all personal training sessions within each month. Personal training sessions are void after this time period. Training sessions are never carried forward.

4. No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions 

 

Code of Conduct

 

OFFC - Code of Conduct 

 

Access to OFFC Facility  There is a minimum age requirement of 16 years to become a OFFC member or 8 years with direct supervision of an adult. 

 

DRESS CODE AND PERSONAL HYGIENE

 

Dress code–Performing a physical activity in the OFFC facilities requires appropriate clothing and shoes. Short-sleeved t-shirts, shorts, sweat suits and running shoes are allowed. No one may walk around OFFC in sock feet, barefoot or shirtless. Tank tops, crop tops and sports bras are allowed. Equipment must be properly sanitized when skin comes into contact with any pads. Shoes must be worn for resistance training and cardio training. 

 

I acknowledge that indoor shoes are mandatory to use the facility, outdoor shoes are not permitted. Shoes must be clean and safe to enter the facility. Any mess left by members disregarding this rule that is cleaned up by staff or contracted out as well as any repairs or damage to facility or equipment by ignoring this rules will be billed in full to the member’s billing method on file. All equipment must be put away in its proper place and equipment returned to its pre use state. Multiple infractions will result in a $150 termination of agreement fee and immediate and permanent suspension of membership(s).

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Reasonable time and loitering;

I acknowledge that I am allowed a reasonable time to exercise. I may be asked to leave should I be loitering or residing within the facility for any purpose other than exercise. This is a fitness centre and use for any other purpose could be cause for membership termination without notice. 

Members shall not reside within the facility, no sleeping or living is permitted within the facility. The shower is for pre or post workout only. 

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CODE OF CONDUCT

 

RESPECT AND THE CODE OF CONDUCT

Members must behave and speak respectfully to other members and to staff. They must refrain from speaking loudly to avoid disturbing another member's workout. Facility policies and procedures are to be followed at all times. 

 

INFRACTIONS

Violation of the code of conduct may lead to verbal warnings from staff, and a written warning if the situation requires.

 

VERBAL WARNING

Staff members have the right to remind you of a regulation (if it becomes necessary) to inform you of the standards in place at OFFC. They will ask for your cooperation in maintaining them.

 

MEMBER EXPULSION

If the OFFC administration, through a staff member, sees that, despite the verbal warning, a member continues to violate a rule, or in cases of abuse or a serious offence, the member will be temporarily or permanently expelled from OFFC and have their membership contract terminated with access revoked immediately and a cancellation fee of $50.

 

VIOLENCE PREVENTION

It is the policy of the OFFC fitness facility that it’s employees and members have the right to work and enjoy the facilities in an environment free of violence.

Violence is the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation. 

Acts of violence are not tolerated at OFFC.

Acts of violence may be:

• Verbal

• Physical

• Sexual

• Psychological

If you have questions or complaints relating to acts of violence at OFFC, please contact facility staff or management.

OFFC is a secure, locked 24-7 facility and as such, never let anyone in the facility. 

You may call management if someone is seeking entry. 

There is an AED on site and a panic button/silent alarm located under the AED. 

Should an emergency occur, call 911 and press the panic button, should it be safe to do so, exit the facility. If the emergency is outdoors, stay calm and wait for police/first responders to arrive. 

 

Full terms and conditions are available on the website https://www.onefamilyfitness.com/terms-and-conditions

A routinely updated FAQ is available here https://www.onefamilyfitness.com/faq