MEMBERSHIP AGREEMENT AND POLICIES

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Fernie Strength Collective, located at 1521A 9th Ave, Fernie, BC V0B 1M0 (“Fernie Strength Collective”), and you the member. Fernie Strength Collective is a fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes.

Please review this Agreement thoroughly as it is a legal contract between Fernie Strength Collective and all members. By using the services offered at Fernie Strength Collective, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, at the end of the month, for the following month. The month during which the membership became activated will be prorated until the end of that month.. Regular monthly dues apply thereafter, . Monthly membership payments shall be made on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

FREEZE POLICY: Members with a recurring monthly membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Fernie Strength Collective via email at hello@ferniestrengthcollective.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

CLASS CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the Fernie Strength Collective application, TeamUp.


SIGN-IN: Clients are required to enter their scheduled class no later than the class start time, preferably 5 minutes before. If a client does not enter their by this time, it is considered a no-show and Fernie Strength Collective reserves the right to assign the spot to another person, as well as charge a no-show fee (detailed below).

CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 5 hours prior to the class start time. This may be done online via a client’s account. Once the class is cancelled within this time, the class will be returned to the clients account, and the client will not be charged the cancellation fee.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

LATE CANCELLATIONS AND NO-SHOWS: If you do not cancel within the 5-hour requisite window, a late-cancel fee of $10 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $15 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto debit contract will be suspended upon the subsequent month’s renewal.

The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Fernie Strength Collective staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, you are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Fernie Strength Collective staff cannot move class slots for clients in classes that are completely full with wait lists.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from Fernie Strength Collective, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. Fernie Strength Collective staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Fernie Strength Collective account online. By placing a card on file, the cardholder and account holder gives permission to the Fernie Strength Collective staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Fernie Strength Collective, cancellation policy detailed above.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Fernie Strength Collective to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Fernie Strength Collective will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Fernie Strength Collective may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Fernie Strength Collective booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Fernie Strength Collective cannot be held responsible for errors in processing due to expired or inaccurate information.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Fernie Strength Collective written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Fernie Strength Collective, including remaining time on your contract membership, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Fernie Strength Collective reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Fernie Strength Collective’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from Fernie Strength Collective. The member shall provide proof of new residence.

PHOTO/VIDEO RELEASE: You hereby grant Fernie Strength Collective, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Fernie Strength Collective and to use and publish these photos or videos in print and/or electronically. You agree that Fernie Strength Collective may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

CONDUCT/DAMAGES: Fernie Strength Collective is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Fernie Strength Collective’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Fernie Strength Collective has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Fernie Strength Collective property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Fernie Strength Collective reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Fernie Strength Collective.

You agree to be solely responsible for the safety and well-being of yourself.

You agree to comply with all rules imposed by Fernie Strength Collective regarding the use of the facilities and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Fernie Strength Collective. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the third business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via email from an email address on file with the health studio, or delivered in person to 1521A 9th Avenue, Fernie, BC, or hello@ferniestrengthcollective.com.