Terms & Condtions
Just so there's no misunderstanding
Membership Terms & Condition Release
Welcome to The Motion Room and the Results Success Systems Program (the “Program”). We look forward to working with you on your fitness journey and helping you to achieve your goals. Below we have outlined the terms and conditions of membership, including fees and all other payments and charges (the “Fees”) and how you can obtain the session credits (“Sessions”) needed to participate in the Program.
PLEASE READ THIS AGREEMENT CAREFULLY
1) The Parties. The Member is referred to as “You” or the “Member” and The Motion Room is referred to as “Us”, “We” or “The Motion Room”. All Sessions are held at the address listed above (the “Facility”). All Schedules are incorporated into this Agreement by reference.
2) The Agreement. By signing this Agreement (the “Agreement”) and paying the Fees We grant you access to our Facility to participate in the Program and to purchase Sessions. Payment terms are set out in Schedule A.
3) Cancellation. This Agreement may be cancelled upon providing 30-days written notice before your billing date after your first 30 Days. Upon agreement termination of agreement any unused credits / workouts by the expiry date shall expire and will not be refunded.
4) We require at least six (6) hours notice if you wish to cancel or reschedule a scheduled session or other appointment, failing which that Session or appointment are subject to a cancellation fee of $10+HST per session. You agree to follow all rules and regulations (the “Rules”) posted by The Motion Room on the Website or in its Facility from time to time, and to notify Us immediately of changes in address, billing information, or any other personal information required by this Agreement.
5) Payment of Fees, etc.: You agree to pay the Fees on each regular payment date and authorize and direct The Motion Room to present transactions for payment against your chequing or credit card account. In consideration of The Motion Room acting as directed, You agree that The Motion Room’s treatment of each credit card payment and its rights to it shall be the same as if it were personally signed by You. The pre-authorized payment shall be drawn on your account to cover all Fees, including all default charges and other amounts to which We are entitled under this Agreement. Declined or returned payments and any late charges will be automatically charged to your credit card account and/or your chequing/bank account, along with an administration fee of $45 or the maximum amount permitted by law, whichever is greater, and our costs and expenses. In the event your credit card expires, and You have not provided updated information to Us, You agree to allow Us to withdraw from your bank account any and all outstanding Fees. Payment of Fees other than by credit card or electronic payment from your chequing account shall be subject to a $10.00 monthly surcharge. To take advantage of The Motion Room Easy Pay Program, the Disclosure Statement in Schedule A must be completed in full.
6) 10-Day Cool-Off Period. This Agreement is subject to a 10-day cooling-off period during which You may cancel this Agreement, in writing, for any reason. The cooling-off period begins upon the later of a) receipt of a written copy of the Agreement; and b) the day the Facility is first made available to You. We will refund any payments to you within fifteen days of our receipt of said notice.
ADDITIONAL MEMBERSHIP TERMS
- You agree that The Motion Room is not responsible for any lost, stolen, or damaged personal property brought into the Facility by You, including personal property placed in a locker. Failure to abide by the terms of this Agreement or the Rules may result in the suspension or termination of your right to attend at the Facility, in our absolute discretion. In such cases, all Sessions will be forfeited and no refund will be payable. If the member is a minor, then this Agreement must be signed by a parent or legal guardian.
- You may not assign or transfer this Agreement or any rights, interests, or obligations hereunder without our prior written consent. We may assign or transfer this Agreement in our absolute discretion. This Agreement, together with all Schedules, constitutes the entire agreement and understanding between us. Any changes to this Agreement must be in writing. This agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein
- We reserve the right to cancel any membership in our absolute discretion. In such an event, payments will extend to the end of the 30-day notice period.
- We make no warranty or guarantee regarding the fitness of purpose or merchantability of the Program or any other services offered at the Facility. We reserve the right to change hours of operation, and to change, add, modify, or eliminate any element of the Program or any type of equipment, activity or service currently available at the Facility. We may from time to time offer the services of independent contractors at the Facility. We do not warrant or guarantee the quality of these services or their availability.
- We reserve the right at anytime to change, modify, and increase prices or monthly prices related to memberships. membership services, products, treatments, merchandise and any other item or service available for purchase.
- You agree that any damages, costs or recovery in any claim, action, complaint, or proceeding brought in relation to this Agreement shall not exceed the amount of the Fees paid by You under this Agreement in the most recent 12-month period.
1. Agreements are billed on and begin on the first day of purchase: It may take up to 72 hours to appear on your banking statements
2. Agreements always begin on the day of signup/registration.
3. Total Amount Paid is always subject to HST.
Note: Recurring Billing Payments May Be Processed up to 48 Hours of the Billing Date.
Any dollar amount a person has earned through The Motion Room’s Sweat Equity Program is not refundable for Canadian dollars or any other legal tender.
TMR dollars are only valid for use on additional services provided by The Motion Room and The Coaching Company as outlined on the Sweat Equity page.
PRIVACY & SECURITY POLICY
Consent for communications
The new Canadian Anti-Spam Law requires us to get your consent to continue sending you communications on our products and services. We respect your right to choose what you receive. By accepting this agreement and completing this form you will be on our contact list to receive periodic electronic communications including newsletters, event invitations and important updates from The Motion Room. You may unsubscribe at anytime by clicking “unsubscribe” or logging into your profile and making the necessary modification.
What information do we collect?
We may collect information from you when you register on The Motion Room website (the “Website”), place an order with us using a 3rd party software, subscribe to a newsletter or email from The Motion Room, or respond to a survey or fill out a form.
When ordering any service via our Website you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information. Alternatively, you may visit theClubReady.com and provide the requisite information through that channel. Note that you will be provided with a ClubReady login username and password.
What do we use your information for?
We may use your information as follows:
• To personalize your experience – your information helps us to better respond to your individual needs.
• To improve our Website – we continually strive to improve our website offerings based on the information and feedback we receive from you.
• To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs.
• To process transactions – your information is only used for the express purpose of delivering the purchased product or service you requested.
• To send periodic emails – the email address you provide to us for order processing may be used to send you information and updates pertaining to your order or request, in addition to receiving occasional news, updates, promotions, related product or service information, etc. Details on how to unsubscribe from receiving emails from us are provided at the bottom of each email.
How do we protect your information?
The safety of your personal information is important to us. We have implemented a number of security measures, including, password protected directories and databases, SSL (Secure Sockets Layered) encryption technology, secure servers, and PCI Scanning.
We offer the use of a secure server. All sensitive/credit information is accessed by those authorized with special access rights to our systems and who are contractually required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) may be kept on file in order to process future agreed to payments for services. Because we store credit card information, we have taken appropriate measures to ensure that we are PCI DSS Compliant.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
At our discretion, we may include or offer on our Website third-party products or services. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these sites.
We are in compliance with the requirements of the Children’s Online Privacy Protection Act. We do not collect any information from individuals under 13 years of age.
Membership Terms and Conditions
Please visit our Membership Terms and Conditions for further information on the terms and conditions of members with The Motion Room.
This policy was last modified on 03/08/2021
The Motion Room Inc,
3431 Dundas St. West Toronto, Ontario Canada M6S 2S4