Terms and conditions
By participating in the DP Fitness services you agree to all of the terms and conditions contained within this agreement. This agreement includes a Release of Liability and Assumption of Risk.
PARTICIPANT POLICIES & FACILITIES RULES
DP Fitness (“DPF”) designed the Participant Policies (“Policies”) and the facilities rules, including rules listed here and rules posted in facilities (“Rules”) to ensure a safer and more enjoyable environment in which to exercise. So, please be thoughtful and observe the Policies and Rules that you, and all participants, have agreed to follow. DP Fitness may, in its sole discretion, modify the Policies and Rules without notice at any time. It’s your responsibility to know and follow the most current Policies and Rules. All approved signs posted in a facility or on the premises shall be considered a part of the Policies and Rules. The following Polices and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and the posted facility Rules, these Policies and Rules apply. The current Policies and Rules are also available on the DP Fitness website at www.dpfitness.ca
EQUAL OPPORTUNITY POLICY STATEMENT
DPF seeks, enrolls and maintains participants without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is further DPF policy that no circumstance or conduct undertaken by DPF personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All participants shall have full and equal access to the facility. All participants with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any participant who believes that he/she is/has been treated unfairly on any of the aforementioned matters should first report to DPF management.
PERSONAL INFORMATION AND PRIVACY
Please consult our Privacy Policies for a description of our practices with respect to collection, sharing and privacy of your personal information located on our website at www.dpfitness.ca
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, Drugs, or Smoking: You cannot engage in any activity at a facility while under the influence of illegal drugs or alcohol. The facilities do not permit smoking, alcohol, or illegal drugs.
No Weapons: No weapons of any kind are permitted in the facilities.
No Photographic or Video Equipment: No photography, videotaping, filming or audio recording in facilities without prior written permission of the management.
Outside Equipment: DPF reserves the right, in its sole discretion, to limit or restrict the use of outside equipment in facilities.” CONDUCT While in a facility, DPF does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to participants or DPF employees.
You must check in with the instructor prior to each class. You also are responsible for checking-in to the facility per the locations guidelines.
1. .PARTIES DP Fitness, Inc. (DPF) and you agree that by signing this agreement, you agreed to all the terms in this agreement, and agreed to follow DPF’s membership policies and any facility rules.
2. MEMBERSHIP 2(a). Nature of Membership: Your membership permits you to use DPF’s services, facilities, and equipment as shown and limited by the membership. Your membership is non-transferable by you and gives you no rights in DPF, its management, or operation. Facilities may close. DPF may assign or transfer your membership in its sole discretion. DPF can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, or facilities is valid only at the facility of enrollment, unless otherwise noted. It is your responsibility to notify DPF of any change in your address or phone number.
2(b). Corporate Memberships: You must be a current employee of a participating company and eligible under the company’s guidelines to enroll under a Corporate membership program. In the event you are not currently employed or cease being a current employee of a participating company, DPF reserves the right to immediately terminate your membership and/or require you to pay the full regular price of initiation fees and monthly dues.
3. FINANCIAL POLICY & NOTICES 3(a). Dues & Fees: You agree to pay the dues and fees as outlined by the services you sign up for. DPF immediately earns the fees when you buy your membership, including any and all paid amounts or unpaid portions which may be paid according to a payment plan. These fees are not refundable, except as stated in Section 6 of this agreement. You agree to pay DPF a fee for any returned check, or other non-payments, such as for insufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $15.00, but is subject to change at DPF’s discretion without prior notice.
3(b). Charges & Taxes: You agree to pay for services according to DPF’s rates and practices then in effect. DPF has the right to add to your prepaid dues any tax or charge required by the government.
3(c). Delivery of Notices and Communications Related to This Agreement and Your Membership: You agree to electronic delivery of notices and records relating to this Agreement and to your DPF membership (“”Notices””) by electronic delivery instead of in paper form through postal delivery. Notices eligible for electronic delivery include notices regarding fees, electronic payment amounts, payment processing refusal, service changes, and similar notices relating to the Agreement and your membership. We will deliver Notices electronically to you by emailing them to the email address you have provided to us and you agree to keep that email address active and/or to update it as necessary. With respect to communications regarding any amounts you owe DPF, you also agree that DPF may contact you on your home phone and on any cell phone number that you provide to DPF and that such contact may be by telephone (including autodialed calls), pre-recorded or artificial message, text message or other means. You may change your primary e-mail address, phone number or other contact information, or withdraw your consent to receive Notices electronically by contacting DPF at (250) 585-4437. There is no fee if you withdraw your consent to receive Notices electronically.
3(d). Marketing Communications: From time to time DPF may offer you special offers by direct mail, email, telephone and other methods as permitted by law. You may change your communication preferences at any time by contacting DPF at (303) 317-2979.
4. FACILITIES AND SERVICES Changes in Equipment or Classes: DPF reserves the right at any time to make reasonable changes to the type or quantity of group exercise classes and equipment offered, to alter the times of group exercise classes, and to amend, add, modify and/or eliminate any program, facility, activity, class or service in DPF’s reasonable discretion. Classes and equipment are available subject to demand. Any of the facilities or services, including but not limited to classes and equipment may have limited hours or may be discontinued altogether at any time and may be offered on a “first come first serve” basis.
5. REPRESENTATIONS 5(a). Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of DPF’s services. As such, you acknowledge that DPF did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities. You acknowledge that you have been informed that DPF has available a questionnaire designed for you to determine whether you should consult a physician before participating in an exercise program and that you understand DPF assumes no liability to you if you undertake physical activity without consulting your doctor or against the advice of your doctor.
5(b). Limited Use: If you know or should know you have any problem that might prevent you from using all of DPF’s services and you sign this agreement, you agree that your membership is limited accordingly. However, because it’s your choice, you still must pay your dues as if you could use all the services.
5(c). Liability for Property: DPF is not liable to you for any personal property that is damaged, lost, or stolen while on or around facilities utilized by DPF, including, but not limited to, a vehicle or its contents or any property left in our premises. If you cause any damage to facilities, you are liable to the facility’s management for its cost of repair or replacement.
5(d). Entire Agreement & Enforcement: You acknowledge that neither DPF, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. This document contains the entire agreement between you and DPF, and replaces any prior agreements, representations or promises by or between you and DPF, whether written or oral, with respect to the subject matter of this agreement.
6. CANCELLATION – TERMINATION – REFUNDS 6(a). Cancellation Rights & Refund: Service fees are non-refundable, unless specifically stated otherwise in this agreement. You may cancel this agreement and receive a refund of unused prepaid fitness services as follows:
6(a)(1). You Are Totally Physically Disabled or You Die: Your disability must physically prevent you from using the services for the duration of this agreement and a licensed physician or advanced practice nurse must verify this fact in writing. In case of death, your estate must provide written evidence.
6(a)(2). Notice & Effective Date: You or your estate must send written notice and proof of the event within 30 days after it happens, unless specifically stated otherwise in this agreement. Cancellation is effective as of the date of the event or the last date you used DPF services, whichever is later. If your notice is late or lacks proof, DPF may set the effective date when DPF receives the notice. Such notice shall be sent to: DP Fitness, 8D 2220 Bowen Rd. Nanaimo BC. V9S 1H9
6(b). Cancelling your Commitment: You may cancel during the Commitment Period without a specific cause providing written notice at least 30 days prior to your desired end date. The fees for that period regardless of whether or not you can make use of our services during that time.
6(c). Termination for Cause by DPF: DPF may, at its option, terminate your membership if (1) you fail to complete all signature lines and required initial blocks, (2) any payments or dues are late, (3) you fail to follow any of DPF’s membership policies or rules or violate any part of this agreement, or (4) your conduct is improper or harmful to the best interest of DPF or its members. Termination is effective on the date DPF emails notice to your last known email address.
6(d). Termination Without Cause by DPF: DPF reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If DPF does so, it will email a termination notice to your last known email address and refund any unused prepaid dues.
6(e). Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use DPF’s services ends. If you owe DPF money when your membership ends, you still owe the money, and you must pay the balance.
6(f). Special Rate adjustment: If you purchased your membership at a discounted rate, (for example but not limited to a lump sum payment discount) that rate was calculated based on the time period you initially committed to. Upon cancellation DP Fitness will adjust your fees due for the time prior to your cancellation and prorate the refund you will receive.
7. APPLICABLE LAW
This Agreement and/or any legal action related to your DPF membership shall be governed by, construed and enforced in accordance with the laws of the State where you live at the time this Agreement is executed, without reference to choice of law principles. Exclusive venue for any legal action related to this Agreement or your DPF membership shall be brought in any court where the Agreement was executed (‘Applicable Courts’). The parties waive any objection that they have or may have to venue in the Applicable Courts including, but not limited to, any objection that the Applicable Courts are an inconvenient forum. In addition, the parties waive, to the fullest extent they may effectively do so, any objection that they have or may have to the transfer of any legal action to the Applicable Courts.
8. LIMITATION OF LIABILITY
Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
9. AGREEMENT TO ARBITRATE–INCLUDING WAIVER OF CLASS ACTION AND JURY RIGHTS 9(a). Agreement to Arbitrate All Disputes Except Personal Injury and Small Claims Disputes IN THE EVENT OF ANY DISPUTE (OTHER THAN (1) ONE THAT INVOLVES PERSONAL INJURY OR (2) ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND DPF, (DPF, AS USED IN THIS PROVISION, INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND DPF WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND DPF ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF DPF IS A PARTY TO THE PROCEEDING. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY DPF IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH DPF BY ARBITRATION, SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO DP FITNESS, WITHIN 90 DAYS OF THE DATE YOU SIGN THIS AGREEMENT
9(b). Arbitrator will resolve any issues over application or enforcement of this clause: The arbitrator, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
9(c). Severability and Survival: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration Section 9 will be null and void. This arbitration agreement will survive the termination of your relationship with DPF.
10. RELEASE OF LIABILITY AND ASSUMPTION OF RISK Using the DP Fitness, Inc. (DPF) services involves the risk of injury to you, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by DPF, you understand and voluntarily accept this risk and agree that DPF, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, or any other damages, to you, your spouse, guests, unborn child, or relatives resulting from the actions or inactions, including negligence, of DPF or anyone on DPF’s behalf or anyone using the facilities, including, without limitation, personal, bodily, or mental injury, or economic loss, whether said use or said injury is related to exercise or not. This Release of Liability includes, without limitation, claims against DPF for negligence, premises liability, and products liability. Further, you understand and acknowledge that DPF does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that DPF is providing recreational services and may not be held liable for defective products.
PHYSICAL ACTIVITY READINESS QUESTIONNAIRE (PAR-Q)
Regular physical activity is fun and healthy, and increasingly more people are starting to become more active every day. Being more active is very safe for most people. However, some people should check with their doctor before they start becoming much more physically active.
If you are planning to become much more physically active than you are now, start by answering the seven questions in the box below. If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you start. If you are over 69 years of age, and you are not used to being very active, check with your doctor.
Common sense is your best guide when you answer these questions. Please read the questions carefully and answer each one honestly.
1. Has your doctor ever said that you have a heart condition and that you should only perform physical activity recommended by a doctor? 2. Do you feel pain in your chest when you perform physical activity? 3. In the past month, have you had chest pain when you were not performing any physical activity? 4. Do you lose your balance because of dizziness or do you ever lose consciousness? 5. Do you have a bone or joint problem that could be made worse by a change in your physical activity? 6. Is your doctor currently prescribing any medication for your blood pressure or for a heart condition? 7. Do you know of any other reason why you should not engage in physical activity?
If you have answered “Yes” to one or more of the above questions, consult your physician before engaging in physical activity. Tell your physician which questions you answered “Yes” to. After a medical evaluation, seek advice from your physician on what type of activity is suitable for your current condition.
You may be able to do any activity you want – as long as you start slowly and build up gradually. Or, you may need to restrict your activities to those which are safe for you. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. Find our which community programs are safe and helpful to you.
If you answered NO honestly to all PAR-Q questions, you can be reasonably sure that you can:
• Start becoming much more physically active – begin slowly and build up gradually. This is the safest and easiest way to go.
DELAY BECOMING MUCH MORE ACTIVE IF:
• If you are not feeling well because of a temporary illness such as a cold or a fever – wait until you feel better; or
• If you are or may become pregnant – talk with your doctor before you start becoming more active.
PLEASE NOTE: If your health changes so that you then answer YES to any of the above questions, tell your health professional. Ask whether you should change your physical activity plan.