Terms and Conditions

1. Definitions

• "Member" means the person signing this Agreement and any person using the Membership.
• "Membership" means the access rights and services purchased under this Agreement.
• "Health and Fitness Activities" means all activities, services, instruction, equipment use, facilities use, training, classes, amenities, and premises access offered by or through the Center, including entry and exit, and all incidental activities.

2. Waiver, Release, Assumption of Risk, and Indemnity

3. Personal Property and Parking

• The Center is not responsible for loss, theft, or damage to any personal property brought onto the premises, including items in lockers, change rooms, or common areas.
• The Center is not responsible for loss, theft, or damage to any vehicle or contents in or around the premises. Parking availability is not guaranteed.

4. Age Policy and Minors

• Ages 13 to 15: Must be accompanied by a parent or legal guardian at all times. The accompanying adult must hold an active Membership.
• Ages 16 to 18: Parent or guardian must be present at time of signing. After signing, they may use the Center independently, subject to Center rules.
• Ages 19 and older: May sign and use the Center independently.

5. Consumer Right to Cancel (BC Law)

• This Agreement is a continuing services contract governed by the Business Practices and Consumer Protection Act. The Member may cancel within 10 days of signing without any reason.
• If cancelled within the 10-day period, the Center will provide a refund within 15 days, less any authorized deductions.
• If the Member uses the facility during the 10-day period, the Center may deduct the standard drop-in rate of $27.99 plus GST per visit from the refund.
• Written cancellation notice must be delivered in a manner that allows proof of sending, including email, registered mail, or personal delivery.

6. Payments, Recurring Dues, and Default

7. Key Fob, Access Devices, and Deposit

8. Membership Hold and Medical Freeze

9. Facility Availability and Closures

• The Center's hours of operation may change from time to time.
• The Center may temporarily close for holidays, repairs, upgrades, maintenance, or operational reasons.
• If the facility is unavailable due to events beyond the Center's control (fire, flood, government orders, public health restrictions), the Center may extend the Membership term for a period equal to the unavailability. Temporary closures do not entitle Members to refunds or credits unless expressly stated.

10. Membership Transferability

• Memberships may not be transferred without the Center's prior written approval.
• Transfer fee: $100.00 plus applicable taxes. The transferee must meet eligibility requirements and complete all required documentation.
• The Center may withhold consent to a transfer in its reasonable discretion.

11. Prepaid and Non-Renewal Memberships

• Prepaid and Pay-in-Full Memberships are non-refundable except where required by applicable law.
• First Year Pay Upfront provides 365 days of full access. At the end of the prepaid term, the Membership automatically converts to month-to-month at the Center's then-current bi-weekly rate.
• To cancel the automatic renewal, the Member must provide 30 days written notice to info@fittopia.ca.

12. Monthly Membership Cancellation

• All month-to-month Memberships require a minimum of 30 days written notice to cancel. Cancellation becomes effective 30 days after the Center receives the written request.
• Membership dues continue to be owed and charged during the notice period.
• Written notice must be delivered by email, registered mail, or personal delivery. Verbal requests, phone calls, and social media messages do not constitute valid cancellation.

13. One-Year Term Early Termination

• Early termination fee: $200.00 plus applicable taxes.
• Notice period: 30 days from receipt of written cancellation request.
• Administration fee: $15.00 plus applicable taxes to process early termination.

14. Drop-In Access Policy

• Drop-in access is available to non-members for a single visit at the standard drop-in rate.
• Drop-in fees are non-refundable and non-transferable under any circumstances, including illness, scheduling conflicts, or early departure.
• Drop-in access does not include any membership benefits, reserved equipment, or guaranteed class availability.
• The Center's standard facility rules, house rules, and code of conduct apply equally to drop-in users. Violations may result in removal without refund.
• The Center reserves the right to refuse drop-in access at its sole discretion.

15. Member Guest Policy

• Guests may only access the facility as a Member Guest accompanied by an active Fittopia Fitness Center member.
• The Member Guest drop-in rate is a special discounted rate available once per day. The member must be present at the time of payment.
• Member Guests must be accompanied by an active Fittopia Fitness Center member at all times during their visit.
• Children under 12 are not permitted to use gym equipment independently.
• Youth (ages 12-15): Must be accompanied by a parent or guardian at all times. Parental consent and a signed waiver are required before access is granted.
• Teens (ages 16-18): May use the facility without a parent physically present once a signed parental consent waiver is on file. The co-signer (parent or legal guardian) must be over the age of 25 and agrees to be jointly responsible for the membership obligations.
• Adults (ages 19 and over): Must sign the digital waiver at the front desk on first visit. As the age of majority in British Columbia is 19, adults may sign independently.

16. Personal Training Policy

• Personal training sessions are delivered by Fittopia-certified trainers only. Training with non-Fittopia coaches or outside trainers on the gym floor is not permitted.
• Purchased personal training session packages expire from the date of purchase. Unused sessions are forfeited upon expiry and are non-refundable after the 10-day statutory cancellation period.
• Session cancellations or rescheduling require at least 24 hours advance notice. Cancellations or no-shows within 24 hours will result in the forfeiture of one session.
• Trainers are certified fitness professionals and do not provide medical diagnoses or replace the advice of a licensed physician.

17. Conduct, Safety, and Enforcement

18. Privacy and Communications

• The Center collects, uses, and discloses personal information in accordance with BC's Personal Information Protection Act (PIPA) and applicable law.
• The Member authorizes the Center to share personal information with payment processors, software providers, and collection agencies as necessary to administer the Membership and collect amounts owing.
• The Member agrees that the Center may send notices and communications by email, text, or other electronic means.

19. Governing Law and Severability

• This Agreement is governed by the laws of the Province of British Columbia and applicable federal laws of Canada. The parties consent to the exclusive jurisdiction of BC courts.
• If any provision is found unenforceable, the remaining provisions continue in full force.

20. Electronic Signature and Delivery

• The Member consents to the use of electronic documents and electronic signatures. Electronic records have legal effect in British Columbia.
• The Center will provide a copy of this Agreement by electronic delivery to the Member's email address and, where applicable, by printed copy at the Center.

21. Day Lockers

• Lockers are provided for daily use only. Members must provide their own lock.
• The Center is not responsible for lost, stolen, or damaged personal property.
• Locks left on lockers overnight will be cut and contents removed without notice. The Center is not responsible for any loss resulting from the removal of locks.

22. General Facility Rules

• Members must leave the premises no later than 15 minutes after closing time.
• Loud, disruptive, abusive, or inappropriate language or behavior is not permitted.
• Alcohol, illegal drugs, cannabis, vaping devices, e-cigarettes, and smoking of any kind are strictly prohibited on the premises.
• The sale, distribution, or promotion of illegal or prescription drugs will result in immediate termination of membership.
• No personal notices, advertising, or printed materials may be posted or distributed without written management approval.
• Only staff may adjust televisions, music, heaters, fans, air conditioning, or other facility equipment.
• Members and guests are not permitted behind the front desk. Visitors are restricted to lounge areas only.
• Children under 14 must remain in designated lounge areas.
• The Center may require written medical clearance from a physician before allowing participation in exercise or training activities.

23. Access Control and Tailgating

• Members may only enter using their own assigned membership card, key fob, or access device.
• Members may not allow, escort, or permit any non-member or unauthorized person to enter the Center.
• Members must ensure the door fully closes behind them before proceeding.
• Allowing another person to enter without a valid access credential (including holding the door or allowing tailgating) is strictly prohibited.
• Violation will result in immediate deactivation of the access device and may result in suspension or termination of Membership.
• The Member is fully responsible for any person who gains entry as a result of their actions.

24. Gym Floor and Exercise Area Rules

25. Multi-Purpose Room Rules

• Tripods and cameras are not permitted during peak hours (Weekdays 5:00 PM to 7:00 PM).
• Posing and dancing are not allowed during peak hours. Please use the upstairs area for posing, dancing, or when additional space is needed.

26. Posing Room Rules

• Raise and lower the blinds slowly and carefully. Blinds must be fully raised after use.
• Do not raise the blind by the back door.
• Underwear or sports bras must be worn at all times.
• Limit usage to a maximum of 15 minutes.
• Please request assistance from staff if needed.

27. Non-Staffed Hours (Early Access)

• Early-access hours are reserved for active key fob holders only.
• Entry without a valid gym access credential will be considered trespassing.
• Members using the facility during unstaffed hours do so at their own risk and accept full responsibility for their safety.