These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) outline the terms and conditions applicable to the purchase of all services (hereinafter the “Services”) offered by Entreprises Vivre En Forme Inc., operating under the name Éconofitness, with its registered office located at 1040 Michèle-Bohec Blvd, Suite 300, Blainville, Quebec, J7C 5E2, Canada (hereinafter “Éconofitness”).
The terms “you” and “your” refer to the individual purchasing the Services (hereinafter also referred to as the “Client” and collectively as the “Clients”) through our website (hereinafter the “Platform”), our gyms or representatives of Éconofitness. Among other things, Éconofitness provides its Clients with a Platform for purchasing Services offered by Éconofitness, including various memberships displayed on the Platform (hereinafter the “Membership”) allowing access, in whole or in part, to gyms operated by Éconofitness (hereinafter the “Gyms”), training sessions, group classes and a relaxation area within the Gyms. Éconofitness and the Client(s) are hereinafter collectively referred to as the “Parties.”
By using this Platform to purchase Services online, you must accept the GTCS and agree to be bound by its terms and conditions. You declare that you are of the age required to enter into these GTCS, which contain important information about your rights and obligations and set out the restrictions and exclusions that may apply to you.
These GTCS apply to consumers only. They do not apply to businesses.
For more information about your rights and obligations, we suggest that you review the laws and regulations applicable to this area.
1. Consent to Use Electronic Documents
You hereby consent to the exchange of information and documents between you and Éconofitness over the internet or by email, and you agree that these GTCS shall be the equivalent of original written paper GTCS between you and Éconofitness. You also agree that all the agreements, notices, information and other communications we send to you electronically meet the legal requirements for such communications.
2. Other Documents, Agreements and Policies
Use of the Platform and the Services provided by Éconofitness is governed by different policies. These include the Membership Contract, the Membership itself, the Privacy Policy, the Member Code of Conduct and the General Terms and Conditions of Use for the Platform and the Gyms (hereinafter referred to as the “Other Policies”). You declare that you have read the Other Policies and agree to be bound by their terms and conditions.
Notwithstanding the above, the provisions of these GTCS take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of these GTCS and those of the Other Policies, the provisions of these GTCS shall prevail.
3. Geographical Area
The Services offered on the Platform are available for the following geographic area: Quebec, Canada.
4. Services
The characteristics and terms of the Services sold by Éconofitness are specified on the Platform. The prices of the Services are also specified on the Platform. The posting of this information on the Platform is valid, but Éconofitness reserves the right to modify this information at its convenience, in accordance with applicable legal and regulatory provisions.
5. Orders
Any individual placing an order for a product or Service on the Platform (hereinafter the “Order”), the Client, is the contracting party with Éconofitness. Minors under the age of 14 are prohibited from accessing the Services.
The Order of a Service, including the Membership, placed by a Client through the Éconofitness Platform constitutes the formation of a contract between the Parties (hereinafter the “Contract”). When placing the Order through the Platform, the Client must approve it by clicking on the relevant option.
The Contract is formed as soon as Éconofitness validates the Order received from the Client.
Following the Order, details regarding the purchased Services shall be found in a confirmation email sent to the Client by Éconofitness and/or in the Client’s member account on the Platform. An invoice shall be sent to the Client via email and/or via the Client’s member account on the Platform.
An Order is not binding upon Éconofitness until it is paid in full according to the chosen payment agreement.
6. Price
All prices are in Canadian dollars (CAD), unless otherwise stated. The prices displayed on the Platform do not include applicable taxes, such as GST/QST, which you are required to pay.
Although Éconofitness strives to provide an accurate description of its prices, errors may still occur. Éconofitness reserves the right to correct its prices and any incorrect information, to modify the prices of the Services, to cancel transactions or to make any other changes to these GTCS, at any time, in accordance with applicable legal and regulatory provisions.
At the time of selecting the Membership and entering into the Contract, the Client may choose a price freeze option. In order for the price freeze to be effective, the Membership(s) subject to a price freeze option must be renewed by the Client prior to the expiration date of the current Contract, and the renewal must cover the same type of Membership. The price freeze applies to the cost of the Membership before discounts and taxes.
Éconofitness reserves the right to change prices posted on the Platform. These price changes shall only apply to Orders placed after the effective date of the modified prices, except for Memberships that include a price freeze option.
7. Terms of Payment
7.1. General Provisions
For all Orders, the terms of payment are set by Éconofitness, at its discretion. Éconofitness allows payments to be made using the following methods:
- Credit Card
- Authorized direct debit
Payments must be approved by the issuing financial institution. The Client must be legally authorized to use the method of payment that shall be used to settle the Order. In the event that the product or Service offered to the Client is not eligible for chargebacks and that the Consumer Protection Act applies, Éconofitness undertakes not to collect money from the Client before the principal Service has been provided.
Éconofitness may occasionally offer discounts, rebates or promotional codes for the benefit of Clients. Clients can learn about these offers through emails and/or by checking the online Platform.
Membership payment terms are outlined in the Contract, with the longest being biannual.
In the event of a returned payment, the Client shall be charged an additional fee of $20 (plus taxes).
7.2. Specific Provisions for Orders
Éconofitness allows the Client to pay in multiple installments under certain conditions. The terms of this type of payment are outlined on the Platform.
8. Availability of Services
The Services are available, and you can access the Gym associated with your Membership as soon as your first Membership payment is made.
The availability of some Services may be limited. Éconofitness may modify or remove Services at any time without notice.
If an ordered Service is not or no longer available, Éconofitness will notify you by email, and your Order shall be automatically cancelled.
9. Order Cancellations
Éconofitness reserves the right to limit quantities or to refuse or cancel an Order, including after the Order has been placed, even if it has been confirmed and invoiced. If your Order is cancelled after your payment has been processed, you shall be fully refunded by Éconofitness in accordance with applicable legal and regulatory provisions and these GTCS.
If you are in Quebec, under the Consumer Protection Act, you can cancel your Contract at two points in time shortly after entering into the Contract:
- Before the services are set to begin. In this case, no fees shall be charged by Éconofitness.
- Within a period of less than or equal to 1/10 of the Contract duration, starting from the moment Éconofitness has begun providing the services. In this case, Éconofitness may charge you a fee equivalent to 1/10 of the total price specified in the Contract.
Furthermore, to the extent permitted by law, if Éconofitness finds that a cancellation notice was given in bad faith or in an illegitimate attempt to avoid payment for Services received, Éconofitness reserves the right to reject the request for a refund.
To cancel your Membership, you must go to your Client account.
10. Memberships
The descriptive list of each type of Membership as well as the schedule of group classes are available at all times on the econofitness.ca website.
To downgrade your Membership, you must cancel the current Membership, pay the applicable fees and select your new plan.
The Membership is valid for the dates specified at the time of purchase. No suspension or automatic extension of the duration is allowed under any circumstances, including for relocation or medical reasons.
11. Product Delivery
Éconofitness does not offer product delivery.
12. Exclusion and Limitation of Liability
Éconofitness provides its Services professionally and in accordance with industry standards. Éconofitness makes no express or implied warranties regarding, among other things, the commercial value or effectiveness of the Services rendered.
Use of the Services is not without risk. Using a gym involves engaging in high-intensity physical activity. Before starting any activity, the Client must always be aware of their limits and consult a healthcare professional to ensure that use of the Services is safe and meets their needs. To the extent permitted by law, Éconofitness is not liable for any incident that may occur in connection with use of the Services.
Éconofitness makes no representation or guarantee that the Services will provide beneficial results for the Client. Use of the Services can result in various costs and health issues if you use equipment incorrectly, have poor technique, use weights that are too heavy, etc.
Not applicable to Clients residing in the Province of Quebec: Subject to applicable laws, Éconofitness makes no warranties, conditions or undertakings of any kind with respect to the Services and makes no warranties other than those expressly stated on the Platform. Éconofitness excludes, without limitation to the preceding provisions, any liability relating to claims arising from normal wear and tear or improper or illegal use of the Gym. The liability of Éconofitness in the event of proceedings arising from these GTCS shall be limited to the purchase price paid by the Client to Éconofitness for the relevant Order.
Applicable to Clients residing in the Province of Quebec: Éconofitness will not be held liable for any damages or claims arising from improper, abusive or dangerous use, modification, poor choice or unlawful appropriation of the Services.
13. Clause Required Under the Consumer Protection Act
(Contract entered into by a merchant who operates a fitness studio)
”The consumer may terminate this contract without charge or penalty before the merchant has begun the performance of its principal obligation by sending the attached form or another written notice to that effect to the merchant.
If the merchant has begun performance of its principal obligation, the consumer may terminate this contract within a time period equal to 1/10 of the contract duration by sending the attached form or another written notice to that effect to the merchant. Such time period shall begin at the time the merchant begins performance of its principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one tenth of the total contract price.
The contract shall be terminated, without further formality, upon the sending of the form or notice.
Within 10 days following contract termination, the merchant must restore to the consumer the money owed to them.
It is in the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”
Outside of the period provided by the Consumer Protection Act to terminate a contract without charge, if the consumer wishes to terminate their Contract prior to its expiration date, they must communicate their intention in writing to the merchant by filling out the cancellation form provided for that purpose, available in the member account, and sending it by registered mail or delivering it in person to the person in charge of their Gym. The date the request was sent or delivered in person to the merchant shall be considered as the reference date. The member also agrees unreservedly to pay the merchant a termination fee representing the cost of administrative fees for cancellation of the Contract. In addition, the member agrees to pay for the equivalent of the days elapsed between the Membership date and the termination date, as well as for the value of items included as part of the Membership package.
Under the Quebec Consumer Protection Act, Éconofitness will charge you 10% of the total cost of your Membership if you cancel within 37 days of your Membership date.
After the 37-day period, you may cancel your Membership at any time during your Contract period. However, Éconofitness will charge you an administrative fee of $65.00. Éconofitness may change this fee without notice upon renewal, if applicable.
Éconofitness reserves the right to terminate the Contract in the event of non-payment, non-compliance with the Policies and Terms and Conditions, non-compliance with the Code of Conduct or any other breach of the regulations and laws in effect.
14. Force Majeure
Éconofitness shall not be held liable for the total or partial non-fulfilment of any of its obligations to the Client, nor for any damages or losses that the Client may incur if the non-fulfilment or delay of Orders results from a force majeure event or natural disaster.
Force majeure refers to all unforeseeable and unavoidable events, beyond the control of Éconofitness, of any nature whatsoever, including but not limited to the following situations: natural disasters, weather events, fires, floods, avalanches, landslides or subsidence, strikes, sabotage, embargoes, interruptions or delays in transportation or means of communication, acts or regulations issued by public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), wars or pandemics that render the Services temporarily or permanently unavailable.
If such an event occurs, as defined above, Éconofitness must notify the Client in writing of the options available. If the duration of the force majeure event exceeds three (3) months, the Client may terminate the Contract by sending a notice to Éconofitness.
Any consideration provided for in the Contract that has already been executed shall be reimbursed or paid upon receipt by one Party of a written notice from the other Party.
15. Applicable Law and Jurisdiction
These GTCS shall be construed in accordance with the laws of the Province of Quebec and the laws of Canada that apply in this province.
These GTCS shall be considered in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to principles of conflict of laws.
Notwithstanding any attribution of jurisdiction and applicable law, when the Client is a consumer within the meaning of the Consumer Protection Act, any dispute relating to these GTCS shall be governed by the law of the Province of Quebec and shall be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure of Quebec.
16. Mediation
Before resorting to the courts, the Parties agree to jointly appoint and have recourse to a mediator in the event of a dispute regarding the execution, application or interpretation of these GTCS.
17. Headings
Headings are included in these GTCS for ease of reference and understanding only and shall not affect the interpretation of these GTCS. The general interpretation of these GTCS is subject to the provisions of the Civil Code of Quebec.
18. Assignment and Sharing of Access
You may not assign your rights or obligations under these GTCS without the express written consent of Éconofitness.
When your Membership allows you to share access with family members or friends ages 14 and over: You declare that you are jointly and severally liable with any person with whom you share your Membership and agree to indemnify Éconofitness for any damage or harm that may be caused to Éconofitness, its directors, officers, employees and representatives or other Éconofitness Clients, by any person with whom you share your Membership, whether on a contractual or extra-contractual basis.
19. Minors
Éconofitness reiterates that the Platform is intended for use by adults, not minors. No advertising presented on the Platform is directed at or intended for minors. Any purchase of Service or Membership can only be made by an adult, and use of the Platform by a minor must be supervised by a parent or guardian and in accordance with applicable law.
20. Application
The Parties are bound by these GTCS and acknowledge that they are aware of each Party’s rights and obligations.
21. Consumer Protection
The provisions of these GTCS are not intended to replace the Consumer Protection Act, the latter being applied as a matter of priority when required by the situation.
22. Interpretation
These GTCS shall be construed in accordance with the provisions of the Civil Code of Quebec. The clauses shall be interpreted in relation to one another, giving each the meaning that arises from the entirety of the GTCS.
23. Languages: French and English
In the event of any conflict of definition or interpretation between the English and French versions of these GTCS, the French version shall prevail.
24. Entire Agreement
These GTCS, along with the Other Policies, terms and conditions referenced or mentioned herein, constitute the complete GTCS agreed upon between you and Éconofitness regarding the GTCS, use of the Platform and the transactions conducted on or through this Platform. They supersede any prior agreements or GTCS (electronic, verbal or written) relating to the subject matter hereof, and they may only be amended in writing in accordance with these GTCS.
25. No Waiver
The failure of Éconofitness to enforce any provision hereof or to act upon a breach hereof by you or any third party shall not in any way waive the right of Éconofitness to enforce any of the terms hereof or to act upon similar breaches in the future.
You acknowledge that you have read and understood these GTCS and that there are no unreadable or incomprehensible clauses within them, and you agree to the entirety of these GTCS WITHOUT RESERVATION.
26. Modification of the Conditions
Éconofitness reserves the right to modify, change or update these GTCS. Éconofitness shall notify its Clients by email thirty (30) days prior to the effective date of these amendments.
If the Client does not accept these GTCS or, as the case may be, the GTCS as amended, they must stop using the Platform and the Services. The Client shall have, at the latest, thirty (30) days after the effective date of the amendments to send a notification to Éconofitness. If the Client fails to do so, they may terminate their Membership in accordance with Section 13.
Use of the Platform by the Client after the amendments have come into effect shall signify the Client’s agreement to abide by and be legally bound by the amended GTCS. Éconofitness shall notify Clients of any changes to these GTCS thirty (30) days in advance.
27. Contact Information
For any returns, exchanges, refunds or cancellations of Orders and Memberships, you may contact the person in charge, by:
Email: info@econofitness.ca
