12 Week 8 Sessions Membership Agreement Form It is time to get ACCOUNTABLE! We will just need a few details to get you set up with your new Yard Athletics Membership. If you have any questions along the way feel free to call us at (604) 682 1209 or email us. Are you already a member and need to make changes to your membership? Click here. Name(Required) First Last Email(Required) Phone(Required)Consent(Required) I agree to the to the Terms of the AgreementYour Membership Will Auto-Renew Unless...Your membership will automatically renew for the same duration and rate unless you fill out a Membership Termination Form a minimum of 2 weeks prior to your next renewal date. All Sales Are Final(-ish) All sales are final. New Memberships have a no risk, 30-day guarantee. As a new member, you will have the opportunity to terminate your agreement and receive a full refund within 30 days following your membership’s activation. We want to ensure The Yard is the right place for you, but if you are not having a good experience in your first month, get in touch with us and we’ll help you find a better fit elsewhere! Use 'Em or Lose 'em With your Annual or 12 Week Yard Athletics Membership, you have been allotted a specified number of classes or Small Group Personal Training sessions to be accessed every 4 weeks. During the term of your agreement, a new allocation of credits are available for your use every 4 weeks, starting with your auto-payment and expiring 28 days later. Your unused credits will not carry over, so plan in advance, and use those sessions! Your Auto-Payments Occur Every 4 Weeks You will be billed every 4 weeks. In the event your payment does not go through within 7 days of your renewal date, your membership will be terminated. Yard Athletics may change membership terms and rates under this agreement by posting notice of such change at least 30 days in advance of such change. You Agree to Support Fellow Members! Our training sessions are run by certified fitness professionals whose mandate is to ensure that all of our clients are provided with a safe, positive and rewarding experience. At all times, you shall behave in a respectful manner towards other individuals and staff while at our facilities, and comply with all verbal instructions given to you by our trainers, as well as stated and customary terms, posted safety signs and rules. If any of our trainers determine (in his or her sole discretion) that your behavior is causing or is likely to cause harm, distress, danger or annoyance to any other individuals (including, but not limited to, clients and staff) at our facilities, or damage to property, the trainer may direct you to leave our facilities immediately, and we reserve the right to terminate your training session immediately, with no right of refund. We may also elect to deny you future access to the Yard’s facilities and the opportunity to participate in any future training sessions. You may be required to pay for loss and/or damage caused by your actions. In addition to the above, we may, in our sole discretion, terminate or suspend your access to all or part of the Website or the services we offer at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the services offered by the Yard may be grounds for termination of your access to all or part of the such services at our sole discretion, and you may be referred to appropriate law enforcement agencies. After your access to our services is terminated for any reason, all terms of these Terms and Conditions survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. If You Decide to Terminate Down the Road... Though we'd be sad to see you go, we're committed to making the divorce as painless as possible. After completing the Membership Termination Form with a member of Yard Athletics staff, please allow 5 business days for us to process your request. -Terminating at the End of Your Current Agreement: Your contract is set to automatically renew at the end of your term so that you will have continual access to your Small Group Personal Training sessions. If you do not wish for your agreement to auto-renew, you must fill out a termination request no later than 10 business days prior to the first auto-payment of what would have been your next term. -Terminating an Annual Membership Early: Members early terminating an annual contract will incur a termination fee of $350, due at time of termination. -Terminating a 12 Week Membership Early: Members early terminating a 12 week contract will incur a termination fee of $250, due at time of termination. -Account Balances and Terminations: Members with an outstanding account balance may not terminate their account until balances are paid. -"No Fee" Terminations: If you have a medical issue that prevents you from utilizing your membership, you may be allowed to terminate without penalty by providing a note from your doctor detailing the medical necessity of the termination. If you move and your new home is more than 10km from The Yard, you may terminate without penalty, provided that you lived within 10km of The Yard at the time you began your agreement. Additional Agreement Notes. -Yard Athletics can cancel this agreement at any time and will pay you for unused future services. Without limiting Yard Athletic’s ability to terminate this membership for cause, Yard Athletics may terminate this membership for any reason at the end of any given billing cycle. If Yard Athletics elects to terminate, Yard Athletics will refund a pro rata portion of any dues applicable to future billing cycle(s). -This membership belongs to you and you can't give it to anyone else. It is expressly understood and agreed that this agreement is not assignable or transferable by Member and no rights or privileges granted by this Membership can be transferred or assigned by . - Cancellation of sessions will result in the loss of said session. If we do not receive a notice of cancellation from you at least 12 hours prior to a booked Small Group Personal Training session, you will be charged the full price of that particular training session. If you have training sessions on account, the late cancellation will result in a loss of said session. - We can take your picture, because you’re so good looking. You consent to us using images of you taken during training sessions for social media, advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. - Please don’t sue us (Liability Waiver). You acknowledge that you are voluntarily partaking of the services offered by Yard Athletics to engage in physical activity and exercise including but not limited to weight training, resistance training, fitness classes and the use of any of the facilities and equipment and other services offered by Yard Athletics. You are aware that physical activity, exercise and the use of the Services are potentially hazardous and involve many risks, dangers and hazards to your health and body including but not limited to heart attacks, strokes, broken bones, sprains, muscle strains, shin splints, joint or back injuries, heat prostration, illness, soreness, permanent paralysis or death, as well as property damage or loss. You are also aware that Yard Athletics may be negligent in providing the Services, including, without limitation, by failing to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in physical activities and exercise. YOU FREELY ACCEPT AND FULLY ASSUME, WITHOUT QUALIFICATION OR LIMITATION, ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. In consideration of Yard Athletics allowing my participation in and use of the Services, and for other good and valuable consideration, I hereby agree: 1. To waive any and all claims that I have or may in the future have against Yard Athletics and each of its current or future directors, officers, employees, agents and representatives (all of whom are hereinafter collectively referred to as the “Releasees”) and to release the Releasees from any and all claims and liability (except as prevented by statute) arising from (i) any injury, including death, loss, damage, cost or relief of any kind due to any cause whatsoever, including claims resulting from, arising out of the use of or in any way connected with the Services offered by Yard Athletics, (ii) the negligence, gross negligence, or breach of contract on the part of the Releasees, and (iii) the breach of any statutory or other duty of care on the part of the Releasees, including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 337. 2. To hold harmless and indemnify the Releasees from any and all claims or liability for any damage to property of, or personal injury to, any third party, resulting from my condition or use of any Services of Yard Athletics, or participation in Yard Athletics activities of any kind. 3. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity. I have read this document thoroughly and I understand that, by signing it, I WAIVE AND GIVE UP IMPORTANT LEGAL RIGHTS which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees. I have been afforded a full and unconstrained opportunity to withdraw from participating in or receiving the Services, should I not wish to assume all the dangers and risks associated with it, but I have freely and voluntarily elected to assume all of these dangers and risks, to give up important legal rights as set out in this document, and to participate in and receive the Services. By entering into this Agreement, I am not relying upon any oral or written representations or statements of any kind made by the Releasees other than what is set forth in this Agreement. Let’s Make It Official! I have read and understand the terms of this agreement and agree to its provisions, including the fact my membership will auto renew for the same duration and rate unless I contact the Yard Athletics team via the Membership Termination Form no later than 10 business days in advance of the auto renewal date. Δ