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By electronically and or physically agreeing or signing this waiver through GymDesk I am agreeing to all terms of West Kelowna Kickboxing Gym & Fitness Centre and fully understand membership terms. I am waiving certain legal rights, including the right to sue or claim compensation from West Kelowna Kickboxing Gym & Fitness Centre.

WEST KELOWNA KICKBOXING GYM & FITNESS CENTRE MEMBERSHIP AGREEMENT:                   

1 Month Membership expires after 30 days from first visit/class/use.                   

6 Month Membership is a minimum 6 month commitment from the date of purchase. 

12 Month Membership is a minimum 12 month commitment from the date of purchase. 

If a member cancels a membership before the agreed contract is completed the member will automatically be charged for the remaining months at once using the payment method that's on file. If a member fails to buy out the remaining contract West Kelowna Kickboxing Gym and Fitness Centre reserves the right to report said member to collections.

Membership Rates:

Membership rates are only guaranteed/fixed for the duration of the member's contract from date of signing and can increase without notice at any point after the contract has lapsed. 

Purchase Policy:

By clicking "Place Order" and supplying a credit card, bank card, or banking information for direct debit you electronically agree and confirm that you have read and accepted our terms and conditions without physical signature. Membership cannot be purchased without this electronic agreement being fully accepted. Proof of purchase through credit card and or visa is proof of confirmation of said agreement.

All participants including walk-ins and drop ins must be registered and signed up 5 minutes prior to class start time . Full members have first priority over free trials.

Failed payments and NSF charges will result in a $45 charge.

CANCELLATION POLICY:

All membership cancellations must be done in person at 100-2476 Westlake Road. Emailing, Verbally over the phone, Text messaging, FaceBook Messenger, or any other form other than in person WILL NOT BE ACCEPTED.

MEMBER RIGHT OF CANCELLATION:

The Business Practices and Consumer Protection Act applies to all of our agreements. A member may cancel an agreement from the day you join the contract until 10 days after you receive a copy of the agreement (physically/electronically)  You do not need a reason to cancel. If you cancel the agreement, we have 15 days to refund your money. After the Minimum Term, you may terminate your membership by providing 30 days prior written notice. 

FREEZE AND TRANSFER POLICY:

West Kelowna Kickboxing Gym & Fitness Centre does not freeze or transfer joining fees or monthly dues for any reason other than as follows: (a) For medical reasons (Drs note is required)

PERSONAL TRAINING CANCELLATION POLICY:

All cancellations must be received at least 12 hours before your training session in order to avoid being charged for your session. Clients who do not cancel with 12 hours’ notice will be charged for the cancelled session.
West Kelowna Kickboxing Gym & Fitness Centre understands that emergencies happen. We provide every client with three (3) free short-notice cancellations. You will not be charged for your cancellation with less than 12 hour notice. Subsequent short-notice cancellations will be charged for the session. The free short-notice cancellation only applies if  West Kelowna Kickboxing Gym & Fitness Centre is notified prior to the session start time. No shows are not eligible for the free cancellation.
If you need to cancel a session, please call: 250-740-5174

ASSUMPTION OF RISK AND INFORMED CONSENT:

I have enrolled with West Kelowna Kickboxing Gym & Fitness Centre knowingly and voluntarily engage in physical activity and exercise, including fitness classes, weight training and the use of West Kelowna Kickboxing Gym & Fitness Centre equipment and services. I acknowledge and agree that this agreement covers every activity I may participate in at West Kelowna Kickboxing Gym & Fitness Centre, equipment and services that I may use either inside or outside any  West Kelowna Kickboxing Gym & Fitness Centre. I am aware that physical activity and exercise and the use of West Kelowna Kickboxing Gym & Fitness Centre, equipment and services are potentially hazardous and involve many risks including but not limited to: heart attacks; strokes; physical injuries; property damage; and negligence on the part of West Kelowna Kickboxing Gym & Fitness Centre, including failure to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of participating in physical activities, and exercise from using West Kelowna Kickboxing Gym & Fitness Centre  Facilities, equipment and services. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and any loss resulting therefrom.

In consideration for accepting my application for membership and permitting my use of West Kelowna Kickboxing Gym & Fitness Centre, services and facilities, and for other good and valuable consideration, I agree:

1. To waive any and all claims that I have or may in future have against West Kelowna Kickboxing Gym & Fitness Centre and its directors, officers, employees, agents, members, guests and representatives (defined collectively as the “Releasees”) and to release the Releasee's from any and all claims and liability (except as prevented by statute) for any injury, loss, damage, cost, or relief of any kind due to any cause whatsoever, including: claims in any way connected with the West Kelowna Kickboxing Gym & Fitness Centre facilities, equipment or services; negligence; gross negligence; vicarious liability for any other person’s act or omission; or breach of any statutory or other duty of care by or on the part of the Releasee's, including under the Occupiers Liability Act, R.S.B.C. 1996, c. 337.

2. Not to make any claim against any other person or entity that may result in a claim against the Releasee's and I shall hold harmless and indemnify the Releasees from any and all such claims, whether for damage to the property of or personal injury to any third party.

3. To hold harmless and indemnify the releasees from any and all claims made against them, including claims for damage to property or personal injury, by any person: a) who is not a West Kelowna Kickboxing Gym & Fitness Centre member and that I invite or accompany to use any West Kelowna Kickboxing Gym & Fitness Centre equipment, facilities or services, or to participate in West Kelowna Kickboxing Gym & Fitness Centre. activities of any kind; or b) arising out of or connected to my conduct, including any negligence by me.

4. Undue hardship is special or specified circumstances that partially or fully exempt West Kelowna Kickboxing Gym & Fitness Centre from performance of a legal obligation. West Kelowna Kickboxing Gym & Fitness Centre is not responsible for refunds or pay outs of contests during undue-hardship that is out of West Kelowna Kickboxing Gym & Fitness Centre control.

5. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.

I have read and understand this Agreement. In signing this Agreement, I am not relying upon any oral or written representations or statements of any kind made by the Releasee's other than as set forth in this Agreement. I am aware that by electronically signing/agreeing to this Agreement I am waiving legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasee's.

These policies apply to your conduct on West Kelowna Kickboxing Gym & Fitness Centre premises, which include its centers and all outdoor areas, including its parking lots, sidewalks, and outdoor areas ("premises") or any use of West Kelowna Kickboxing Gym & Fitness Centre online, mobile or interactive offerings or websites. They also apply to your conduct during its programs, training, events or other West Kelowna Kickboxing Gym & Fitness Centre activities off the premises ("events").

These policies supplement those posted or otherwise provided in our facility, on our web or mobile sites or at our events. We may adopt policies applicable to a single center. In some instances, the law may establish different requirements applicable to certain centers and may not be called out here. To the extent of a conflict with other policies, the more restrictive policy applies.

PROPER CONDUCT:

We strive to uphold a safe, fun, family-oriented environment. As such, we expect proper, respectful conduct on the premises at all times. We do not permit disrespectful conduct toward our members, guests, employees ("Team Members"), vendors or property including, including but not limited to vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications. Current members cannot do anything to disparage the company or hurt its goodwill. If a member does, West Kelowna Kickboxing Gym & Fitness Centre has the right to cancel membership at any time for any reason seen fit. If a member violates any of these policies, said membership may be suspended or terminated without refund. Our decision on all questions regarding construction or interpretation of these policies is final. We may change these policies at any time without notice at our sole discretion.

DAMAGES:

If any member, members child or non-member purposely or accidently damages any West Kelowna Kickboxing Gym & Fitness Centre property or wrecks/destroys equipment they are obligated to replace the West Kelowna Kickboxing Gym & Fitness Centre. This will be done by automatically charging the card on file or the individual will be billed and sent to collections.

PERSONAL TRAINING CANCELLATION POLICY:

All cancellations must be received at least 12 hours before your training session in order to avoid being charged for your session. Clients who do not cancel with 12 hours’ notice will be charged for the cancelled session.
West Kelowna Kickboxing Gym & Fitness Centre understands that emergencies happen. We provide every client with three (3) free short-notice cancellations. You will not be charged for your cancellation with less than 12 hour notice. Subsequent short-notice cancellations will be charged for the session. The free short-notice cancellation only applies if West Kelowna Kickboxing Gym & Fitness Centre is notified prior to the session start time. No shows are not eligible for the free cancellation. If you need to cancel a session, please call: 250-740-5174

DRESS CODE POLICY:

West Kelowna Kickboxing Gym & Fitness Centre requires that all of our patrons adhere to a dress code policy for personal hygiene, health, and safety. The dress code policy is included in policy signs within all of our facilities. It is important for patrons and West Kelowna Kickboxing Gym & Fitness Centre staff to have policies that are uniformly enforceable.

THE DRESS CODE IS AS FOLLOWS:

Full-length shirt, tank top, sports bra, or athletic top athletic pants/shorts. Athletic shoes

THE SHIRT POLICY RATIONALE IS AS FOLLOWS:

Shirts should cover the full chest and back to prevent MRSA, ringworm, etc. from being passed from skin to pad/mat contact (even though you should clean your machines after use, unfortunately not everyone does).
Research and surveys indicate that people are reluctant to begin an exercise program if they are intimidated within the environment.  West Kelowna Kickboxing Gym & Fitness Centre operates under a philosophy of creating a comfortable environment for all its members. Altered shirts contribute to excessive sweat and moisture which can damage equipment. Modest dress prevents anyone from being offended by what others are wearing (or not wearing).

THE ATHLETIC PANTS/SHORTS RATIONALE IS AS FOLLOWS:

Pants or shorts with belts, studs, rivets, or zippers can tear the vinyl on the equipment. Once the vinyl is torn, germs and bacteria can grow within the padding, posing a potential health risk to patrons. It is also costly to frequently replace torn pads and sleeves. Jeans and khakis are not permitted. Jeans often have studs or rivets as well as zippers which tear the vinyl. Jeans also do not allow the body to properly ventilate while exercising. Khakis are not permitted because they often have studs, rivets, or zippers as well.

THE ATHLETIC, NON MARKING SHOES POLICY RATIONALE IS AS FOLLOWS:

Shoes protect the feet from equipment that may be dropped accidentally. Wearing athletic shoes prevents slipping. Shoes contain injury and prevent contamination if a heavy object is dropped on the foot. Backless shoes can easily slip off and shoes that do not cover the forefoot do not protect the entire foot from injury.

WEB PRIVACY STATEMENT:

This is West Kelowna Kickboxing Gym & Fitness Centre online privacy policy, specifically regarding the website https://wkkickboxing.gymdesk.com  (“Website”). West Kelowna Kickboxing Gym & Fitness Centre is the sole owner of  West Kelowna Kickboxing Gym & Fitness Centre and https://wkkickboxing.gymdesk.com. This policy applies only to activities the West Kelowna Kickboxing Gym & Fitness Centre  engages in on the website and does not apply to the West Kelowna Kickboxing Gym & Fitness Centre activities that are “offline” or unrelated to the website. West Kelowna Kickboxing Gym & Fitness Centre collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the website can include information such as the type of browser you are using, your IP address and the length of the visit to the website. Also, if you respond to a poll, we will aggregate your responses with those of other members but we do not associate your response with any personally identifiable information.

USE AND DISCLOSURE OF INFORMATION:                         

West Kelowna Kickboxing Gym & Fitness Centre does not sell personally identifiable information, such as your name or e-mail address to advertisers. However, non-personal “aggregated data” may be used to enhance the operation of our website, or analyze interest in the areas of our website. Moreover, we may in some circumstances disclose personally identifiable information to third parties to enhance your experience on our website. Additionally, if you provide content for publishing or feedback, we may publish your user name or other identifying data.

We also aggregate information supplied by users during registration and information about their use of the website to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this information, however, we do not reveal any personally identifiable information, and only supply summary data about our community of users.

West Kelowna Kickboxing Gym & Fitness Centre may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. West Kelowna Kickboxing Gym & Fitness Centre may also provide such personally identifiable information in response to a law enforcement agency’s request or as otherwise required by law, or if we believe you are harming or interfering with others’ use of the site, you are violating the User Agreement, or infringing the rights of West Kelowna Kickboxing Gym & Fitness Centre, or its employees. Your personally identifiable information may be provided to a party if West Kelowna Kickboxing Gym & Fitness Centre files for bankruptcy, or there is a transfer of the assets or ownership of West Kelowna Kickboxing Gym & Fitness Centre in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.

Except as otherwise stated in this Policy, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our site.

We may disclose your personally identifiable information to third parties for tracking purposes, to improve the functionality of our site, perform statistical and data analyses, and deliver promotional emails to you from us. West Kelowna Kickboxing Gym & Fitness Centre may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. West Kelowna Kickboxing Gym & Fitness Centre may need to share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.

SECURITY:

West Kelowna Kickboxing Gym & Fitness Centre takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However,  West Kelowna Kickboxing Gym & Fitness Centre cannot guarantee the security of any information that is disclosed online.

West Kelowna Kickboxing Gym & Fitness Centre takes reasonable steps to secure your personal information, no system is fault proof. If West Kelowna Kickboxing Gym & Fitness Centre security systems are breached we may attempt to notify you electronically. By using this website or providing personal information to us you agree that we can notify you electronically. West Kelowna Kickboxing Gym & Fitness Centre may post a notice on our website if a security breach occurs. West Kelowna Kickboxing Gym & Fitness Centre may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

CHILDREN:

West Kelowna Kickboxing Gym & Fitness Centre does not knowingly collect personal information from children under the age of 13. Children are not permitted to use the website or services, and West Kelowna Kickboxing Gym & Fitness Centre requests that children under the age of 13 not submit any personal information to the website. Since information regarding children under the age of 13 is not collected, West Kelowna Kickboxing Gym & Fitness Centre does not knowingly distribute personal information regarding children under the age of 13.

Modifications of the Privacy Policy:

West Kelowna Kickboxing Gym & Fitness Centre reserves the rights to modify its privacy policy at any time and will notify you by posting an amendment to the privacy policy on the website. Such modifications will become effective on the day they are posted. West Kelowna Kickboxing Gym & Fitness Centre encourages you to frequently review the privacy policy for any modifications.

Photo/Video Release Rights:

I hereby irrevocably grant to West Kelowna Kickboxing Gym & Fitness Centre and its subsidiaries, affiliates, licensees, successors and assignee's all rights whatsoever to:
1. use for such promotional purposes and in such manner as they shall in their absolute discretion think fit my name and biographical testimonial (the “Testimonial”) as to the benefits derived by me from the use of the West Kelowna Kickboxing Gym & Fitness Centre facilities and programs and I hereby authorize West Kelowna Kickboxing Gym & Fitness Centre to edit and modify my Testimonial in such manner as they shall think fit in their absolute discretion;
2. use of photographs/videos of me and my likeness for the purpose of promoting the facilities and programs of West Kelowna Kickboxing Gym & Fitness Centre in such manner as West Kelowna Kickboxing Gym & Fitness Centre shall think fit in their absolute discretion; and
3. use, publish and advertise my name, Testimonial and likeness (photographic or otherwise) in any and all manner and medium in connection with the promotion and my endorsement of the West Kelowna Kickboxing Gym & Fitness Centre and programs, all as West Kelowna Kickboxing Gym & Fitness Centre without restriction. I agree that any photographs/videos and my Testimonial together with all reproductions and negatives thereof shall constitute West Kelowna Kickboxing Gym & Fitness Centre sole property and West Kelowna Kickboxing Gym & Fitness Centre has the full right to dispose of any or all of them in any manner whatsoever without accountability to me. I hereby irrevocably waive any and all rights with respect to the use of such photographs, reproductions and negatives and my Testimonial as contemplated hereby and this release shall be binding on my heirs, executors, administrators and assigns. I hereby release and discharge West Kelowna Kickboxing Gym & Fitness Centre and their respective representatives, agents, employees, licensees, successors and assigns from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever which I or my heirs, executors, administrators or assigns can, shall or may have at any time as a result of any act, matter or thing whatsoever arising out of or in connection with the consent and authorization given by me in this release. Without limiting the generality of the foregoing, I expressly release and their respective representatives, agents, employees, licensees, successors and assigns from and against any and all claims which I have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution or exhibition of the said photographs/videos or likeness or my Testimonial referred to herein or otherwise incorporating such photographs, likeness or Testimonial.

• {name} - Full name
• {dob} - Date of birth
• {address} - Member address
• {phone} - Phone number
• {contact_name} - Emergency contact (if member has any)
• {sign_date} - Date document was signed (if applicable)