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Updated April 16, 2024

TERMS AND CONDITIONS

1. AGREEMENT: The MEMBER refers to you as the person named as the MEMBER on this Agreement and AyrFit refers to AyrFit West Inc. AyrFit Alberta Inc. and AyrFit Edmonton Inc. are owned and operated under AyrFit West Inc. This Agreement constitutes the entire agreement between the MEMBER and AyrFit regarding the terms and conditions of membership at the AyrFit Facility (as hereinafter defined).

2. AYRFIT OBLIGATONS: By signing this Agreement and by issuing a membership card (the “Membership Card”) to the MEMBER, AyrFit accepts the MEMBER as a member of its facilities (the “AyrFit Facility”). The MEMBER shall have the right to use the AyrFit Facility, subject to the terms and conditions set out herein where AyrFit Facility means the location(s) listed in this Agreement under Membership Type. A list of the locations included in the Membership Type is available at any location and is subject to change without notice.

3. MEMBER OBLIGATIONS: By signing this Agreement the MEMBER agrees: (a) to pay all Dues payments indicated in this Agreement (“Bi-Weekly Dues”), fees and any other sums specified in this Agreement and any other agreements between MEMBER and AyrFit (eg Personal Training, Nutrition Consulting, and Registered Programs) (collectively the “FEES”) when due, irrespective of the amount of use the MEMBER makes of the AyrFit Facility; (b) to all of the terms and conditions set out in this Agreement; (c) to follow AyrFit Rules and Regulations (as hereinafter defined); and (d) to immediately notify AyrFit of changes to their address, changes to pre-authorized methods of payment, or any other changes to personal information.

4. BUYER/GUARDIAN: By signing this Agreement the Buyer or Guardian agrees: (a) to be bound by this Agreement; (b) to bind the MEMBER under the age of 18 to this Agreement; (c) that the MEMBER is at least 13 years of age (except tennis and squash); (d) that the MEMBER under the age of 16 must be accompanied in the AyrFit Facility by a parent or guardian who maintains a membership in good standing and supervises all activities in the facility.

5. CHANGE IN MEMBERSHIP DUES: The amount of the bi-weekly dues may be adjusted annually without notice for so long as this Agreement shall be in effect by a factor not exceeding the greater of either: (a) 10% of the amount of the yearly dues; or (b) the rate of inflation existing during the period from the last such adjustment from the date hereof, as shown by Statistics Canada for the City of Calgary in the Province of Alberta.

6. MEMBERSHIP CARD AND ACCESS: MEMBERS must present their membership card on every visit. AyrFit reserves the right to issue new membership card to replace the MEMBER’s existing membership card and require the MEMBER to present the new membership card for admittance to the AyrFit Facility. AyrFit has the right to require a second form of identification from the MEMBER if deemed necessary. The MEMBER agrees and acknowledges that use of their membership card by anyone other than the person named herein is prohibited and their membership card will be confiscated. The MEMBER also agrees that if they allow anyone else to use their membership card they will pay a $100.00 fine and the MEMBER shall be suspended from use of the AyrFit Facility and programs for a period of one (1) month. The MEMBER shall pay a $20.00 fee for any lost, misplaced or stolen membership card.

7. RULES AND REGULATIONS: All rules and regulations which (i) are in the new member package delivered concurrently with this Agreement, (ii) are contained in this Agreement and (iii) may be posted at the AyrFit Facility or website from time to time (collectively, the “Rules and Regulations”), and privileges of membership, including but not restricted to facilities, services and hours of operation are subject to change without notice, in the sole and absolute discretion of AyrFit. Any such changes to the Rules and Regulations do not affect this Agreement or release the MEMBER from any obligation herein.

8. RISK AND LIABILITY:

8.1 It is understood and agreed by the MEMBER that its use of the AyrFit Facility and the participation in any programs is voluntary and the MEMBER assumes all risks of accident or damage to their person or others and any loss thereof. The MEMBER assumes any risk for any GUEST they allow or cause to attend the facilities of AyrFit. It is further understood and agreed by the MEMBER that AyrFit and its affiliates, officers, directors, employees, servants, agents, licensees, independent contractors and any other personnel of any kind (collectively, “Personnel”) are not liable or responsible to the MEMBER or GUEST(s) for any losses, injuries including illness (inclusive of the COVID-19 virus), disability or death, or property damage which the MEMBER or GUEST may sustain as a result of utilizing the AyrFit Facility or participating in any activity of any kind operated by AyrFit at any of its locations or elsewhere, no matter how such damage, injury, illness, disability or death is caused, and no matter whether caused by negligence of AyrFit or otherwise. In no event shall AyrFit or its Personnel be liable for special, incidental, indirect or consequential damages, however caused and such limitations apply for any claims, including without limitation, contract, tort, including negligence and strict liability even if AyrFit or its Personnel have been advised of the possibility of such damages.

8.2 The MEMBER agrees to release, indemnify and hold AyrFit and its Personnel harmless from and against all claims or liability relating to any losses, injuries including illness, disability or death, or property damage which the MEMBER or GUEST may sustain as a result of utilizing the AyrFit Facility or participating in any activity of any kind operated by AyrFit, including payment of all damages, expenses, cost or legal fees, whether such claims or liabilities be based upon negligence on the part of AyrFit or its Personnel.

8.3 The MEMBER acknowledges the MEMBER or GUEST is responsible for their health and gauging their activity accordingly. The MEMBER or GUEST should immediately stop any exercise or sports activity if they feel faint, dizzy, nauseous, short of breath, or experience pain. Any concerns about starting or continuing a fitness program should be discussed with the MEMBER’s physician.

9. USE OF FACILTIES: In order to ensure the AyrFit Facility is properly maintained, AyrFit reserves the right to temporarily close the AyrFit Facility for not more than two weeks at any time during the year. The AyrFit Facility may be closed on legal holidays. The AyrFit Facility shall not be closed for more than 10 days per calendar year for open house tours or other promotions. If for any reason AyrFit permanently closes the AyrFit Facility, it shall transfer this Agreement to one of its other AyrFit Facilities, provided the new AyrFit Facility is not more than 10 miles from the closed AyrFit Facility.

10. CANCELLATION OF AGREEEMENT BY THE MEMBER: The MEMBER may terminate this Agreement as follows: (a) DUES MEMBERSHIP: After the expiration of the agreed number of Bi-weekly Dues the MEMBER may terminate this Agreement by completing a cancellation form 30 days prior to their next billing date, within any AyrFit Facility. Phone, facsimile, e-mail or verbal cancellations are not accepted. No further charges shall accrue after such cancellation, however, the MEMBER shall be liable for all FEES and other indebtedness which accrued prior to receipt by AyrFit of the notice of cancellation; or (b) PAID IN FULL MEMBERSHIP: After the expiration of the term stated on the front side of this Agreement, this Agreement shall be terminated with no further notice required by the MEMBER to AyrFit. THE MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE NON- REFUNDABLE FEES LISTED ON THIS AGREEMENT ARE ABSOLUTELY NON-REFUNDABLE, NON-CANCELABLE, AN NON-TRANSFERABLE.

11. TERMINATION OF THE AGREEMENT BY AYRFIT: AyrFit Management reserves the right to terminate this Agreement if the MEMBER or GUESTS of the MEMBER: (a) violates any of the Rules and Regulation; (b) causes a nuisance or disturbance; (c) if AyrFit considers any of the MEMBER’s actions, (i) endanger the MEMBER, AyrFit Personnel or the other MEMBERS, (ii) interferes with the enjoyment of the other MEMBERS, or (iii) disrupts AyrFit Personnel in carrying out their duties, or (d) if the MEMBER is in default of payments of any FEES for a period of more than 30 days. In case “d” above payment in full of any FEES outstanding by the MEMBER this Agreement will be reinstated for the duration of the term. The MEMBER shall be liable for all FEES and other indebtedness accrued prior to the date of the termination and any Bi-weekly Dues remaining on the term are immediately due and payable.

12. NON-SUFFICIENT FUND (NSF) FEES AND COLLECTIONS COSTS: The MEMBER shall pay to AyrFit a service charge for any cheque returned to AyrFit unpaid or for any funds that cannot be obtained from the MEMBER’s bank account or credit card as indicated on the MEMBER’s Pre-Authorized Debit (PAD) Agreement. A Statement Fee will be added to all dues fees if the MEMBER fails to maintain a valid PAD Agreement with AyrFit. As of January 1, 2013, NSF and Statement fees are currently posted at $15 and $8/bi-weekly, respectively. AyrFit reserves the right to increase these fees over time to an amount not exceeding the MEMBER’s Bi-Weekly Dues.

13. COLLECTION COSTS: AyrFit shall be entitled to all costs of collection, including reasonable legal fees in the event of any default herein. The failure to demand or collect any payment due under the terms of this Agreement shall not be deemed a waiver of the right to collect payment.

14. ASSIGNMENT: AyrFit at its sole discretion may assign this Agreement in whole or part, including any additional Agreement amendments and alterations to this Agreement, to any other person, including but not limited to an individual, partnership, association, or body corporate. Without prejudice to AyrFit’s rights, the MEMBER’s payment obligation herein may be assigned by AyrFit to any person, an affiliated company, or any bank finance company, collection agency or similar institution. This Agreement is not transferable or assignable by the MEMBER.

15. GOVERNING LAW: This Agreement is governed by the laws of the Province of Alberta.

16. PRIVACY: AyrFit has established a Privacy Policy (“POLICY”) to govern its collection, use and disclosure of personal information in accordance with relevant privacy legislation. The POLICY is available at the MEMBER’s request and it is the MEMBER’s sole responsibility to review the POLICY. If the MEMBER does not read the POLICY, then the MEMBER is nevertheless bound by the terms of the POLICY.

17. ANNUAL FACILITY IMPROVEMENT FEE: An Annual Facility Improvement Fee is due every year on the anniversary of the MEMBER’s date of signing this document.