MEMBERSHIP AGREEMENT OF SERVICE INVOLVING SEQUENTIAL PERFORMANCE
BETWEEN: REVLINE FITNESS
Located: 4911 Dagenais, #300, Montréal, Québec, H4C 1L8 Phone number: 514-518-0750
AND: THE USER OF REVLINEFITNESS.COM AUTHORIZED TO CREATE THIS MEMBERSHIP AND/OR THE CREDIT CARD HOLDER USED IN THIS REVLINEFITNESS.COM ACCOUNT
(Hereinafter called: “the Consumer”)
The Merchant and Consumer agree as follows:
- OBJECT OF THE MEMBERSHIP
- DATE OF THE BEGINNING OF THE MEMBERSHIP:
The membership begins upon reception by the Merchant of the first payment of the selected membership by the Consumer.
- DURATION OF THE MEMBERSHIP:
Yearly Membership will be in effect for the total duration of one (1) calendar year equal to 365 consecutive days.
Month-to-Month Membership , will be in effect for a total maximal duration of one (1) calendar year equal to 365 consecutive days.
The total amount for the membership hereinabove mentioned is equal to the total amount of the first payment occurrence before taxes, multiplied by the payment frequency selected by the Consumer, plus taxes.
Weekly occurences mean a total of 52 occurences.
Bi-Weekly occurences mean a total of 26 occurences.
Monthly occurences mean a total of 12 occurences.
- TERMS AND CONDITIONS OF PAYMENT:
The first payment will be debited immediately upon completion of the registration process on Revlinefitness.com, with future payments automatically debited on the credit card of the Consumer on the selected frequency by the Consumer until completion or termination of this membership agreement
Credit Card Payment Authorization:
The Consumer hereby authorizes the Merchant to make periodic charges or withdrawals from the Consumer’s credit card account provided during the onboarding process of this membership agreement for the total maximum value of hereinabove mentionned amount (SECTION 4 CONSIDERATION).The Consumer waives the right to receive prior notice for charges of withdrawals made with respect to any uncollected payments or portions of the balance due described hereinabove and the corresponding service charge.
The Consumer also authorizes their financial institution and/or credit card provider (Hereinafter called: “the Bank”) to provide the Merchant the installments as provided hereinabove.
The information of the credit card provided to the Merchant shall remain valid and the Consumer will inform the Merchant of any modification as soon as possible. The Consumer authorizes the Merchant to retrive the new and updated information from the Consumer’s Bank. The said Bank is hereby authorized and bound to credit the Merchant for the said installments. The Consumer may modify this payment authorization at any moment, by written notice by email to email@example.com at least 30 days prior to the modification. The cancellation doesn’t affect the liability of the Consumer for his payments in accordance of these presents, but only the means of payment. Any adjustment to the Q.S.T. and G.S.T. during the present membership shall modify automatically the amounts of the instalments provided by the presents.
- CANCELLATION POLICY
- The Consumer that buys a ‘’Yearly Membership’’ may cancel this Membership Agreement at anytime by sending an email to firstname.lastname@example.org for that purpose to the Merchant. Only a written request by email will be accepted. The reception date of the email is the cancellation date. Furthermore the Consumer that buys a ‘’Yearly Membership’’ agrees to pay the Merchant 27% of the remaining value of the Membership as a compensation. The remaining value of the membership is calculated by substracting the total amount already paid by the Consumer on the day of the cancellation request to the total amount of the membership hereinabove mentionned in SECTION 4 CONSIDERATION.
- The Consumer that buys a ‘’Month-to-Month Membership’’ may cancel this Membership Agreement at anytime by sending an email to email@example.com for that purpose to the Merchant. Only a written request by email will be accepted. The reception date of the email is the cancellation date.
- The Consumer agrees that the cancellation is effective immediately upon reception of the email. Therefore the Consumer may not claim to any aspect of the Membership.
- CLAUSE REQUIRED UNDER THE CONSUMER PROTECTION ACT
The Consumer may cancel this Membership Agreement within a time period equal to 1/10 of the duration prescribed in this Membership Agreement by sending an email to firstname.lastname@example.org for that purpose to the Merchant. Such time period shall begin on the date hereinabove mentionned in SECTION 2 DATE OF THE BEGINNING OF THE MEMBERSHIP in the time the Merchant begins to perform his principal obligation In that case, the Merchant may not exact from the Consumer payment of any sum greater than one-tenth of the total price prescribed in the Membership Agreement.
The Membership Agreement is cancelled, without further formality, upon the sending of the form or notice.
Within 10 days following the cancellation of this Membership Agreement, the Merchant must restore to the Consumer the money he owes him.
It is in the Consumer's interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”
- PROTECTION OF THE PERSONAL INFORMATION
Your personal information regarding the services the Merchant offers to the Consumer is kept in a client file on Revlinefitness.com and at the physical premises of the Merchant. Only the Merchant and his authorized employees are allowed to consult the Consumer’s file. The Consumer has the right to consult their file to rectify the information contained within the file. In order to keep the Consumer’s personal information up to date and accurate, the Consumer must inform inform the Merchant by writing of any changes.
Notwithstanding what is provided hereinabove, in the case the Consumer pays his membership by credit card and that his credit card is stolen, lost or expired during the present agreement or any renewal, the Merchant is then authorized by the Consumer to contact directly the Consumer’s financial institution in order to put up to date the necessary information for the execution of the financial obligations provided in the present agreement.
The Consumer attended the new member orientation/ Assessment and have been notified of all of Revline Fitness policies.
Rescheduling / missed sessions:
The Consumer understands missed sessions do NOT carry over into the next week or phase. The Consumer is responsible for attending all of his training sessions.
In accordance with what is provided hereinabove, the Consumer agrees to comply with Revline Fitness’ policies. He understands and agrees that the violation of any by-laws or policy may result in the cancellation of the present agreement.
- WAIVER OF LIABILITY
The Consumer understands that there are certain risks pertaining to the physical work out. The Consumer understands that there are some inherent risks associated with the use of the equipment or material in the gym and agrees to use those at his own risks and perils.
Furthermore, the Consumer discharge and give full and final acquittance to the Merchant, his employees, representatives, shareholders, directors, agents, proxies, insurers, successors, or any other person for whom the Merchant is liable, of any request, complaint, claim, legal proceedings, of any nature whatsoever, in law or in equity, present or future, directly or indirectly caused by the use of equipment in the gym or the participation in any activity or physical exercise offered by the Merchant, resulting in a waiver of any request, complaint, claim, legal proceedings against the Merchant, except in case of serious misconduct of the Merchant or his representatives, in which case the onus is on the Consumer.