WARNING: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, READ IT CAREFULLY.
1. ACKNOWLEDGEMENT OF RISK, WAIVER and RELEASE OF LIABILITY
1.1 “Athletic Activities” shall include, but not be limited to, personal training instruction and activities, use of facilities, and fitness and exercise programs and services, and specifically including exercise equipment known as the “Hypervibe G17”, any or all of which are offered to the Participant by Pure Vibe.
1.2 The Participant acknowledges and understands that there are inherent and significant risks associated with participation in the Athletic Activities, including, but not limited to, the potential for serious personal injury caused by any event or any condition of the facilities or equipment provided by Pure Vibe, and health risks such as light-headedness, fainting, increased or decreased blood pressure, chest discomfort, muscle cramps, broken bones, strains, sprains, bruises, concussion, hyperthermia, abnormal heart rate, soreness, nausea, heart attack, stroke and possibly death. The Participant understands that such risks are relative to the Participant’s level of fitness and health (physical, mental and emotional) and to the awareness, care and skill, which the Participant demonstrates while participating in the Athletic Activities.
1.3 The Participant recognizes that there are certain contraindications for using the Hypervibe G17. These include, but are not limited to epilepsy, complications from pregnancy, acute thrombosis, severe osteoporosis, severe cardiovascular disease, gallstones, pacemaker and cancer. The Participant is required to disclose any and all health condition(s) to Pure Vibe prior to use of the Hypervibe G17. If the Participant has any specific health conditions, he or she must have written permission from his or her physician prior to performing any form of exercise or Athletic Activity provided by Pure Vibe. Pure Vibe reserves the right to refuse to provide Athletic Activities to the Participant based on his or her health history, if it is deemed by Pure Vibe, in its sole discretion, that there is an inherent risk to the Participant performing exercise or any Athletic Activity.
1.4 The Participant hereby accepts and assumes all responsibility for all risks and possibilities of personal injury, death, property damage or loss resulting from his or her participation in the Athletic Activities, including accidents or injuries that occur within the facilities of Pure Vibe (e.g. in the locker rooms, dressing rooms, showers, restrooms and other areas). The facilities and programs offered by Pure Vibe have been designed and established to provide the optimal level of beneficial exercise and enjoyment without compromising the health and safety of those who use the facilities or participate in the Athletic Activities. Due to the nature of the Athletic Activities and the equipment that is often an integral part of such activities, there is an inherent risk of injury. This results in a practical limitation being placed on Pure Vibe in its effort to prevent injuries to Participants, whether actively participating in Athletic Activities, utilizing the equipment or taking advantage of the other facilities. The Participant freely accepts these risks and agrees to the terms of this Agreement, even if Pure Vibe is found to be negligent or in breach of any duty of care or any obligation to the Participant with respect to his or her participation in any Athletic Activity.
1.5 The Participant agrees at all times to use the equipment and the facilities in a proper manner so that the inherent risk that exists under the control of Pure Vibe, outside the control of Pure Vibe or partially within the control of the Participant are minimized by the Participant’s thoughtful and cautious used of both the equipment and the facilities.
1.6 The Participant acknowledges his or her obligation to immediately inform an employee or other representative of Pure Vibe immediately upon feeling any pain, discomfort, fatigue or other symptoms suffered by the Participant during or immediately after participation in any Athletic Activity. The Participant understands that he or she may stop participation at any time, and may be requested to do so by any employee or representative of Pure Vibe who observes symptoms of distress or abnormal response from the Participant.
1.7 The Participant, for himself or herself and his or her heirs, next of kin, executors, administrators and assigns (collectively, the “Releasing Parties”), hereby:
(a) waives any and all claims that the Releasing Parties or any of them may have in future against Pure Vibe, its directors, officers, employees, agents, insurers and representatives (collectively, the “Released Parties”);
(b) releases and forever discharges the Released Parties from all liability for personal injury, death, property damage or loss resulting from the Participant’s participation in Athletic Activities due to any cause, including, but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract, mistake or error of judgment on the part of the Released Parties; and
(c) agrees to be liable for and to hold harmless and indemnify the Released Parties from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, legal costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with the Participant’s participation in Athletic Activities.
2. MEMBERSHIP, TERM and PAYMENT
This Membership Agreement (the “Agreement”) is made between Pure Essentials Enterprises Inc. doing business as “Pure Vibe” and the undersigned (the “Participant”). The Participant must be over the age of majority, or must have a parent or guardian sign if under the age of 19.The Participant must read and understand this Agreement prior to participating in Athletic Activities as defined below. The Participant is advised to consult with his or her physician before engaging in the Athletic Activities.
a. The Participant’s membership entitles the Participant to use the Pure Vibe facilities and is created when the Participant executes this Agreement and pays the 1, 3, 6 or 12 month auto renewal membership or flex pass fees. All fees are subject to Goods and Services Tax (“GST”).
3. Cancellation Rights
3.1 The Participant may cancel this Agreement by giving written notice of cancellation to Pure Vibe within 10 days of purchase and the Participant is given a copy of this Agreement. Full refunds only on unused packages.
3.2 The Participant may cancel this Agreement by giving notice of cancellation and the reason for the cancellation to Pure Vibe at any time in the following circumstances:
(a) the death of the Participant,
(b) a physical, medical or mental disability of the Participant, substantiated in writing by a medical practitioner or nurse practitioner, showing that the Participant’s continued participation is unreasonable because of the Participant’s condition or is likely to endanger the Participant’s health, or
(c) the relocation of the Participant for the remainder of the duration of this Agreement, so that the distance between the Participant and Pure Vibe is more than 30 km greater than when the Participant and Pure Vibe entered into this Agreement, if Pure Vibe does not provide reasonably comparable alternative facilities for the use of the Participant not more than 30 km from the Participant’s new location. Must provide: tenancy agreement or proof of new residence, a letter of your new employer on company letterhead with a phone number to validate, utility bills in your name that must indicate that your current Vancouver account has closed and that you have started a new account at your new residence, letter from new educational institution on their letterhead with a phone number to validate.
(d) if and when Pure Vibe discontinues operation or ceases to carry on business, or
(e) if and when Pure Vibe relocates its facility so that the distance between Pure Vibe and the Participant is more than 30 km greater than when Pure Vibe and the Participant entered into this Agreement, and Pure Vibe does not provide reasonably comparable alternative facilities for the use of the Participant not more than 30 km from the Participant’s location.
3.3 In the event of cancellation of this Agreement in the manner specified in Sections 3.1 and 3.2, Pure Vibe shall refund all money paid by the Participant to Pure Vibe pursuant to this Agreement, within 15 days of receipt of the receipt by Pure Vibe of the Participant’s notice of cancellation, except that Pure Vibe may retain a portion of the regular priced membership fees representing the amount of time that the Participant used the facilities of Pure Vibe prior to cancellation and an administration fee of 50% of the regular priced membership or flex pass prices for any unused time will be applied to any refund. Pure Vibe may demand the reasonable cost of goods and services which the Participant has consumed or wishes to retain after cancellation of this Agreement.
3.4 Unless the criteria as set out in sections4.1 or 4.2 apply, the Participant acknowledges that all 1, 3, 6, 12 month memberships are auto renewal and require that the Participant provide Pure Vibe with a minimum 30 days written notice of cancellation and that the Participant shall pay Pure Vibe a $59.00 cancellation fee. 3.5 Unless the criteria as set out in sections 4.1 or 4.2 apply, the Participant acknowledges that all 1, 3, 6 and 12 month auto renewal memberships, flex passes & personal training sessions are non-refundable, non-transferrable and may not be suspended or extended at any time for any reason, including, but not limited to vacation, illness and injury. Flex passes expire 4 months from date of purchase.
3.6 Pure Vibe reserves the right to cancel this Agreement and terminate the Participant’s membership or other privileges granted by this Agreement in the case of default by the Participant including:
(a) the failure of the Participant to follow reasonable rules set out by Pure Vibe from time to time;
(b) intentional or negligent misrepresentation of information contained in this Agreement or provided to Pure Vibe to induce the entering into this Agreement with the Participant; or
(c) failure to make timely payment of the Participant’s obligations under this Agreement.
A terminated Participant shall remain fully liable to Pure Vibe for all fees and any other expenses payable to Pure Vibe.
4.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, and any legal actions, claims or demands shall be heard in a court of competent jurisdiction within such Province.
4.2 The Participant understands that this Agreement is binding on himself or herself and his or her heirs, next of kin, executors, administrators and assigns.
4.3 The Participant hereby certifies that he or she, as the case may be, is at least 19 years of age, or that his or her parent or guardian has signed below if he or she is a minor and that he or she is not suffering any legal disabilities, and that he or she (or his or her parent or guardian) has read this Agreement carefully, understands each term and provision in its entirety, and has agreed to the terms freely and voluntarily. Having read the foregoing, the Participant, (or the Participant’s parent or guardian) knowingly acknowledges his or her understanding of the risks set forth herein and knowingly agrees to accept full responsibility for his or her own exposure to such risks.