Membership Registration

* The year up front gym membership will be billed only once to your debit account. Everything else will be as a bi-weekly payment. Don't let the total throw you off if you're doing a year up front gym membership and any add ons. You will be billed accurately.

Please Read Carefully

PLEASE READ THIS AGREEMENT CAREFULLY

1.                 In this Agreement (the “Agreement”) the Member is referred to as “you” or “the Member” and A Foot Above Fitness, owners, officers, directors, agents, employees or independent contractors (hereinafter collectively and interchangeably referred to as “us”, “we”, “our” or “A Foot Above Fitness”). This Agreement is a binding contract that is legally enforceable. Please read everything carefully.

2.                 By entering into this Agreement, subject to the terms and conditions set out herein, we accept you as a Member of the our Gym (the “Facility”), and you agree to abide by the payment requirements and other terms and conditions set out herein. 

3.                 Pre-Authorized Automatic Fund Transfer Agreement and Cancellation: Member agrees to pay the Fees monthly in arrears (as applicable, or on the next business day) and authorizes A Foot Above Fitness to present transactions for payment against Member’s account. In consideration of our acting as directed, Member agrees that our treatment of each payment and our rights to it shall be the same as if it were personally signed by Member if more than one. The preauthorized payment shall be drawn on Member’s account through our debiting company to cover all Fees including membership fees. Regular payments for the full reoccurring membership rate plus applicable taxes will be debited from the Member’s account on the corresponding business day(s) for the term of their membership. The Member may revoke this authorization and cancel this Agreement at any time by doing so in writing and delivering it to A Foot Above Fitness no less than (30) business days before the next scheduled debit. You must send your application to cancel by registered mail or hand-deliver it in person to a manager of the A Foot Above Fitness during normal business hours. Member is responsible for all Fees payable after the effective date of Member’s revocation. Member has certain recourse rights if any debit does not comply with this Agreement. For example, Member has the right to receive reimbursement for any debit that is not authorized or is not consistent with this Automatic Fund Transfer Agreement. To obtain more information on your recourse rights, contact your financial institution.. Each Member is responsible for cancellation of his or her own membership. You must provide your banking information at the time of cancellation to complete the process and to ensure the proper account will be cancelled. If you cancel within the first twelve (12) months you agree to pay a cancellation fee of $100+HST upon receipt of the in writing cancellation letter. The Member may cancel this Agreement at any time in accordance with the Consumer Protection Act, 2002 while respecting the 30 day timeline mentioned herein

4.                 Waiver and Release: You acknowledge that there is a risk associated with participating in fitness activities and in exercising. Your participation is completely voluntary, and you acknowledge that you are assuming all risks of injury to yourself or others in connection with your use of The Facility. You acknowledge having been advised to consult your physician prior to using the Facility, starting any physical training or changing your diet/nutritional intake.

You agree that you will accurately and truthfully complete a Health Canada Physical Activity Readiness Questionnaire (“ParQ”), included below, and will have completed any medical examinations recommended as a result of answers given in response to the ParQ prior to participating in training. If are or suspect you may be pregnant, you agree to have a pregnancy physical activity readiness medical examination (“PARmed-X”) prior to using the Facility or participation in training. You agree on your own behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to (A) release, indemnify and discharge us from any and all claims or causes of action (known or unknown) which you have or may have arising out of your use of the Facility, including those arising out of the negligence of our staff, agents or representatives, and (B) indemnify and save us harmless from any and all claims or causes of action (known or unknown) brought against us by any party arising out of your actions, including your negligence, while at the Facility or while participating in any programs offered by us.  The member agrees that we are not liable for any loss or damages (whether foreseeable or not) due to lack of; personal security; emergency services; easy access to transportation vehicles; washroom facilities.  The member also agrees that A Foot Above Fitness is not liable for any loss or damages (whether foreseeable or not) in the case of extreme weather conditions, such as high wind, heavy rain, snow, hail, lightening, tornado, hurricane or any other outdoor perils that may be present or which may occur while participating in training. We are not responsible for any damage to, loss or theft of your personal property. The member further agrees that attending the gym outside of regular business hours will be unsupervised by any staff and the member assumes all possible risks associated with this.

5.                 Fees & Payments: You agree to pay us all sums, fees and charges specified in this Agreement (the “Fees”) when due, irrespective of the amount of use you make of the Facility. We will not reduce, discount or cancel your obligation because you do not use the Facility.  All taxes are in addition to and will be added to all payments. We reserve the right to charge extra for any new or additional services or equipment. We reserve the right to increase membership fees after giving 60 days notice. A Foot Above Fitness does not give refunds for training sessions paid for. A Foot Above Fitness does not give refunds for any unused portion or cancelation of full year memberships. Any purchases of any kind are not transferable to others. In exceptional circumstances A Foot Above Fitness may, at its sole discretion, offer a credit note towards a future A Foot Above Fitness services. We apply all payments in this priority: a) any amounts owing from a previous Membership Agreement; b) Monthly Fees and charges as they become due. 

6.                 Rules and Regulations: Our Rules may be posted in the Facility or on our website. They may change from time to time. The Rules are for your benefit and protection and must be complied with by all Members. We reserve the right to cancel or suspend your membership, without refund, if you a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others. If your membership is suspended, your obligation to make payments under this Agreement will continue for the duration of your membership suspension. We do not allow any business activity or solicitation at the Facility. In particular, solicitation of any business competitive with our business (including personal trainer services not offered by our trainers) is strictly prohibited. You agree to pay us any revenues received by you if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).

7.                 Reservation of Rights: We reserve the right to refuse or cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid installments, if any. We reserve the right at any time to change our hours of operation, and to change the cost of, add modify and/or eliminate any program, equipment, activity or class of service. We will use our reasonable best efforts to maintain the existing services and facilities at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand. If the Facility is temporarily unavailable for use, your membership may be extended for an equivalent period.

8.                 Dishonoured Payment Charge: Declined payments and any late charges will be automatically charged to your credit card account and/or the Member’s bank account set out on the front page. We will apply an administration fee of $40 in addition to the amount outstanding if not paid by the 15th of the month we are in. If you (the member) comes in before the 15th and pays the NSF charge, it will be reduced to $30.00. 

9.                 No Warranty:  We do not provide any warranty, express or implied, with respect to the facilities or services supplied under this Agreement.

10.              Default: If you breach any terms and conditions of this Agreement, or if you do not pay an installment when due, you will be in default. Where you are in default of an installment, we may assess a late charge of $40, send your account to a collection agency and/or immediately cancel your membership and keep any amounts you have paid to us.  If we later agree to accept a payment from you, and reinstate your membership you must still fulfill all your remaining responsibilities under this agreement and we may require you to pay any legal and/or collection fees and charges incurred by us in collecting your overdue payments from you. 

11.              Privacy Policy: You acknowledge that you have had an opportunity to review the Jot Form (The website hosting this form) Privacy Policy. From time to time we may contact you directly by telephone, mobile or fax number or e-mail address for the purpose of sending you renewal or other notices, obtaining your feedback on our facilities and services, and for marketing of goods, services and special offers that may be of interest to you. By signing this Agreement, you consent to receiving such communications. You may withdraw this consent at any time by notifying us by email at

FootAbove@gmail.com

12.              Key Fob:  You acknowledge that you are only renting the key fob you have been given to access the gym, and said key fob is and will remain our property. You agree to return our key fob at the expiration of your membership or upon our demand.  If you fail to return our key fob by the 15th of the following month you will be charged an administrative fee of $40 for the replacement of the key fob and for any re-programming of our access and security system that may be required. Similarly, you acknowledge that your key fob is not to be used to gain entry to the gym by anyone but the owner of the fob to which the account belongs to. No sharing your fob. Failure to do so will result in a $500+tax charge to your account. Similarly, anyone found admitting more than one individual into the gym premises using any single fob will be similarly charged $500+tax. A Foot Above Fitness agrees to provide video/photo proof of either transgression upon request.

13.              Photographic Release: The member agrees that photographs and/or videos may be taken while participating in A Foot Above Fitness training, and grants A Foot Above Fitness permission to use them for the promotion of A Foot Above Fitness training.

14.              Assignment by Member: This agreement is personal to you. You may not assign or transfer this agreement to anyone else without the written approval of the Facility manager, for which we may charge you an administration fee if we approve. The person you assign or transfer this Agreement to will also be subject to increased Fees. Any attempt to sell, assign, or transfer this Agreement without our approval is null and void and will result in cancellation of your membership immediately without any refund.

15.              Assignment by A Foot Above Fitness: We may assign this Agreement to another company or person at our discretion, and the term “A Foot Above Fitness” includes any assignee, who will have all our rights and powers under this Agreement. If any claims are brought against us under this Agreement after we have assigned it, we reserve the right to raise any defences available to us under this Agreement.

16.              Governing Law: This Agreement is governed by the laws of the province of Ontario. 

I, the Member, have carefully read all three pages of this Membership Agreement. I have been given a copy of it. I confirm that no verbal representations or warranties have been made to me which have not been confirmed in writing in this Agreement, and that this written Agreement accurately sets out the entire agreement between us. I understand the terms and conditions and agree to be bound by them.

You will be taken to a website called Rotessa after clicking the Submit button. Please complete the details there and you're all set. Only other thing to do is get access to the gym at the front desk.