Terms and Conditions

Terms and Conditions

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Terms and Conditions for Home Fitness

PERSONAL TRAINING PROGRAM SERVICES:

The service being requested is for one-on-one fitness training sessions, scheduled for one half hour each, unless otherwise specified in this agreement. ResQfit will make every attempt to provide the best
service possible, acknowledging client requests (such as trainer gender, age,
appointment time, etc.), but will not be held liable, or otherwise does not effect
the terms of this agreement, in the event these requests cannot be met. ResQfit
must begin performance of services within six months from the date the agreement is
entered into. All appointment cancellations need to be made twenty-four (24) hours
prior to the scheduled appointment time to not be considered a “no-show”. In the
event the client “no-shows” for their scheduled session, the client will be charged
for their session. In the event that the trainer “no-shows” for the scheduled
appointment and there is no other trainer available at that time, ResQfit will add
one (1) free training session to the original agreement term.

All pre-paid personal training sessions of 4 or less, must be completed within 30
days from the date of payment. All pre-paid personal training sessions of 5-12, must
be completed within 3 months from date of payment. All pre-paid personal training
sessions 13-21, must be completed within 6 months from date of payment. All pre-paid
personal training sessions of 22-36 must be completed within 9 months from the date
of payment. All pre-paid sessions greater than 37, must be completed within 12
months from date of payment. If sessions (including make-up sessions) extend beyond
the above stated period, then the remaining sessions of the Agreement are considered
to have lapsed and will immediately be discontinued. Failure to use the services
does not relieve any Client obligations, (regardless of circumstances), to pay the
fees, late charges and other monies due under this Agreement in full. The completion
date will be extended only when a signed doctor’s note is received stating a medical
reason, which prevents personal training from being completed with the normal
allotted time period.

EFT Request and Authorization: I hereby authorize ResQfit or its assigns to make
periodic charges of withdrawals (“EFT Authorization”) from the account used to pay
the initial payment described above or the account listed below or replacement
account designated by me and accepted by ResQfit, for the payment of any and all
fees, late charges, costs, expenses or any other monies due ResQfit under the terms
and conditions of the Agreement. I understand that I am entitled to notice of all
varying charges and withdrawals under the EFT, but I waive the right to receive
prior notice for charges of withdrawals made with respect to any uncollected
payments or portions of the balance due described above and the corresponding
service charges, both of which I agree are not varying charges or withdrawals. I may
change the account designated herein upon thirty (30) days written notice to, and
approved by ResQfit. I may timely notify the financial institution in control of my
account to terminate 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. ResQfit or its assigns
reserve the right to add the following fees to my account balance should any of the
following occur. Re-submit unpaid EFT draft – twenty dollars, unpaid EFT draft
(after re-submittal) – twenty-five dollars, unpaid credit card debt – twenty
dollars, unpaid customer check – twenty-five dollars. Payments received more than
ten (10) days after the due date are assessed a late fee of $5.00 per payment.
REFUNDS: No refunds shall be made for services purchased, except as specifically
provided in this Agreement.


PAYMENT IN FULL:
If client desires to pay in full for future services, client’s
executions of this agreement hereby constitutes a written request to make such
payment in full.
CLIENT’S DEFAULT:Client shall be deemed in default of this Agreement upon the
failure to comply with any other terms and conditions of the Agreement, including
but not limited to, the obligation to make any payment as and when due. Upon
default, ResQfit shall have all rights and remedies available, including
termination of this Agreement and institution of an action for all applicable
damages. If ResQfit delays or refrains from exercising any rights under this
Agreement, ResQfit does not waive, nor does ResQfit lose those rights. If ResQfit
accepts late or partial payments from Client, ResQfit does not waive the right to
receive full and timely payments and other charges due under this Agreement. If any
form of payment is not received within 10 (ten) days of the contract or if any
payment is late by 3 (three) days or if any payment is returned for reasons of stop
payment, account closed, N.S.F. or any other reason, the Client will be considered
in default of the contract and the full amount of the contract becomes immediately
due. If for any reason the Client defaults on his/her contracted payment
obligations, the Client hereby authorizes RESQFIT or its Assignee to collect the
outstanding monies, plus service charges, and interest in any method available to
them. In any default situation, the client completely understands and authorizes
that he/she will be billed through the drawing of electronic, magnetic, or paper
debits of either the Client’s chequing account(s) and major credit card(s) i.e.,
Visa, Master Card, or American Express.
ResQfit’s RIGHT TO CANCEL: In the event the client moves further than 50 km from
their current residence ResQfit may terminate this agreement and charge a
cancellation fee of $100 to the client OR ResQfit may increase the monthly fees in
accordance with ResQfit’s increased travel costs. If ResQfit elects to terminate
this agreement, so much of sums prepaid as are allocable to service client has not
taken, if any, shall be promptly refunded less the applicable cancellation fees.
AUTOMATIC MONTHLY RENEWAL:ResQfit will automatically renew this services agreement
for further successive terms of one (1) month. The client may cancel this agreement
any time after the initial term upon thirty (30) days written notice delivered to
ResQfit by fax or email. If this services agreement is not cancelled in writing
after the initial term, ResQfit will continue to debit the Client on a monthly basis
for Personal Training Fees.
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.
ENFORCEABILITY: 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. Further, if any such provision or portion of a provision may be reduced
and/or narrowed in scope or the like, such provision or portion of a provision shall
be reduced, narrowed and/or the like, and so enforced. However, Client specifically
agrees all the terms and conditions are to be enforced and Client specifically
waived any statute or other right of any type, which would invalidate the
enforceability of any provision or portion of this Agreement.

GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the
laws of the Province of Ontario. In the event litigation is necessary to enforce any
of the terms and conditions of this Agreement, ResQfit and Client agree that the
venue for such court action shall exclusively be the Province of Ontario.

CLIENT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF
ResQfit CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF
PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS,
MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION,
KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER
CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES.
CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO,
INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR
IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN
UNKNOWN HEALTH PROBLEM OF CLIENT. CLIENT AGREES TO ASSUME ALL RISK AND
RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT
AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY
DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITES.
CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND
CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL OR
OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE
ABILITY OF CLIENT TO TAKE PART IN ResQfit PHYSICAL ACTIVITIES. BY SIGNING THE
AGREEMENT, CLIENT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATION IN THE PHYSICAL
ACTIVITES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS
OR HER PHYSICAL LIMITS.

[NOTICE: CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF
KIN, AGREES TO FULLY RELEASE ResQfit (AS WELL AS ANY OF ITS OWNERS,
EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS)
FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION ACTIONS THAT BUYER MAY
HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO PUNITIVE DAMAGES, AIRISING OUT OF
PARTICITPATION IN ResQfit ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE
PERSONAL TRAINING PROGRAMS AND THE PHYSICAL ACTIVITIES, EVEN IF CAUSED BY
THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS OR OMISSIONS AND/OR ANY
OTHER TYPE OF FAULT OF ResQfit , ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED
AGENTS, INCLUDING INDEPENDENT CONTRACTORS. IN CONSIDERATION TO CLIENT FOR
WAIVER BY CLIENT OF LEGAL RIGHTS AND ACCEPTANCE OF FULL RELEASE AND ALL
PROVISIONS UNDER THIS AGREEMENT. BUYER ACKNOWLEDGES GOOD AND VALUABLE
CONSIDERATION FOR AGREEING TO ALL TERMS AND CONDITIONS OF THIS RELEASE, IN
THE FORM OF ResQfit AGREEING TO REDUCE INITIAL CLIENT CHARGES BY THE AMOUNT
SET FORTH ABOVE.]

Terms and Conditions for Boot Camps

1. Regarding Missed Camps

All qualifying missed sessions will result in a credit* being given which can be applied to another session within the same period of your assigned boot camp (8 or 4 week program) which may be claimed at the same or another location on an alternate day. *Maximum of 2 credits per 4 week session

Prior notification of all missed sessions must be given within a minimum of 24 hours advance notice in order to receive credit for the session. Missed camps with less than 24 hours notice given will not qualify for a credit and you will be charged for the session. Notifications must be made by emailing your ResQFit Boot Camp Fitness instructor as well as ResQFit Head Office at (clientservices@resqfit.com) to be deemed effective.

If you receive a credit for a missed session, the credit must be used within the same period of time that you are registered for the session (within your 4 or 8 week class you have registered for) or it will be waived.

Credits may not be carried over into another registration period and have no monetary value and will not be refunded if left unclaimed.

2. Rain Dates Apply Seasonally

Our rain date policy is as follows:

ResQFit Boot Camp is an outdoor fitness program and, like any other outdoor program, weather sometimes comes into play. Similar to organizations like the Running Room, weather will not necessarily delay or cancel a class. If it is raining the night of ResQFit Boot Camp we will hold the class. Dress appropriately for the weather (hat, gloves, water proof outerwear).

If the rain is extremely heavy or it is thunder-storming, we will hold a rain date to make up the class. This make-up session will most likely be held on the Saturday between 10 and 11 am or at another time that is mutually beneficial for the majority of the class members. If you cannot make the scheduled make-up class, you may use it as one of your “missed class credits” as per policy #1.

Call the “Weather Cancellation” Hotline at (Ontario: 866.620.7493, Alberta: 877.496.3316, & British Columbia: 888.254.3208) for notification of any location changes or cancellations after 5:30pm on the date of the session.

ResQFit Boot Camps are run outdoors for our spring, summer and fall seasons and will be held indoors during the winter months.

3. Holidays

In the event that one of your regularly scheduled camps falls on a holiday or holiday weekend (ie. for a Tuesday Stat, Mon & Tues sessions are affected) the class will not be held. We will hold a class in lieu of the holiday cancellation on the following Saturday between 10 and 11 am.

4. Refund Policy

Our refund policy is as follows:

If you are unable to attend a ResQFit Boot camp we can offer you a refund if you give us written notice prior to your session start date (within 48 hours), however we will charge a $50.00 cancellation fee. It may take up to 10 business days to process a refund.

If we are notified after this point there will be NO refunds or credits issued. This is due to the fact that you had reserved a spot in the class that we can no longer fill after the class has started.

5. General Questions/Concerns About Your Class

Please address all questions regarding your program to your instructor via email. If you would like modifications on exercises, clarification on form or more of a challenge our instructors are more than happy to accommodate and assist you in getting the most out of your ResQFit Boot Camp experience.

In the event that your instructor is unable to answer your question themselves they will promptly notify our office of your email and we will reply.

6. Location Changes

On a very rare occasion, we may have to change the location of your 4 week or 8 week ResQFit Boot Camp session because of permitting issues. Any location change will be in close proximity to the original location and notification will be made via email and phone notifications. We will not issue any refunds based on location changes within 3 km; it’s good exercise for the little extra walk 🙂

7. Location Changes

If your class does not meet the minimum requirement of 12 people, we may have to cancel the class. Every effort will be made to accommodate you in another class or refunds will be promptly issued. Notification will be made at the latest on the day camps are scheduled to begin at 12 noon via email and phone to allow time for any last minute registrations that may allow the class to run. Again, this happens rarely because our sessions are usually sold out.

8. Group Discount

In order to register as a group and receive the group discount ($25 each for 4 weeks or $50 each for 8 weeks), you MUST use the group discount registration page to qualify for the discount. We will no longer issue individual refunds for group registrations because of the large amount of administrative and accounting costs that go into this process.

9. Upgrading Your Program from 4 to 8 weeks or more

If you sign up for 4 weeks and want to continue for another month or more you don’t have to do anything, just show up for class. Because ResQFit will automatically renew your Boot Camp class for further successive terms of one (1) month. You may cancel this agreement any time after the initial term upon thirty (30) days written notice delivered to ResQFit by email (clientservices@resqfit.com) or fax (905-770-7348). If this agreement is not cancelled in writing after the initial term, ResQfit will continue to debit the client on a monthly basis for Boot Camp fees. The benefit of this service is that you don’t have to worry about re-registering for another upcoming class and take chances that the class might be sold out therefore you are guaranteed a space in the next 4 weeks.

10. Non-Compete

I, the “Participant”, agree that any information obtained by participating in ResQFit Boot Camp Fitness about it’s program, policies, or structure cannot be used as a basis upon which to develop or have a third party develop a competing or similar product.

11. Waiver

You, the Member/Trainee are aware that there are risks associated with participating in Fitness activities and excercise. Your participation is completely voluntary, and you freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury, death, property damages or loss to yourself or any other person as a result to your participation in fitness activities. You and yours heirs, next of kin, executors, administrators and assigns agree:

a) to waive all claims, known or unknown, that you have or may have in the future against RESQFIT, including their owners, officers, directors, agents, employees, volunteers, business operators. independent contractors and franchisees.

b) to release and forever discharge RESQFIT from all liability for any personal injury, death, property damage or loss resulting from your participation in fitness activities due to any cause, including but not limited to negligence (failure to use such care as reasonably prudent and careful person would use under similar circumstances), breach of contract or mistake error of judgement of RESQFIT; and

c) to be liable for and to hold harmless and indemnify RESQFIT from all actions, proceedings, claims, damages, costs demands, including court costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with your participation in fitness activities.

Please consult your doctor prior to starting an exercise or fitness program.

 

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