User Code of Conduct

Our User Code of Conduct (the “Code”) represents the agreement between Entreprises Vivre En Forme Inc. (hereinafter referred to as “Éconofitness,” “we”) and you (hereinafter “you,” “User”). Éconofitness is a corporation located at 1040 Michèle-Bohec Blvd, Suite 300, Blainville, Quebec, J7C 5E2, Canada. This Code governs your use of and access to Éconofitness training facilities (hereinafter the “Gyms”).

By using the Services or our Gyms, you declare, warrant and agree that:

• You have read, understood and accepted the Éconofitness Code, General Terms and Conditions of Use, General Terms and Conditions of Sale and Privacy Policy.

Application and Amendment of the Code

The following Code governs and applies to your use of the Gyms and the Services, along with the other policies listed here for reference, including the General Terms and Conditions of Sale for our products and services at https://econofitness/en/legal/general-terms-and-conditions-of-sale , our General Terms and Conditions of Use at https://econofitness/en/legal/general-terms-and-conditions-of-use and our Privacy Policy at https://econofitness/en/legal/privacy-policy . If you do not agree with our Code, General Terms and Conditions of Use or any other policy, refrain from using the Services and accessing the Gyms, except to terminate your membership.
 
Please read the Code carefully, along with all applicable terms, policies, guidelines or rules, as they constitute a contract between Éconofitness and you.
 
The Code may be modified from time to time. When we post changes to the Services or the Gyms, they take effect immediately, unless certain legal provisions require a longer notice period.
Éconofitness may make changes to the Code in the future. By continuing to access the Gyms or use the Services, you agree to be bound by the revised Code.
Serious or repeated violations of the User Code of Conduct may result in termination of membership.

To access the Gyms, each User must obtain a valid access card, issued in their name, regardless of its form (hereinafter the “Access Card”). To obtain their Access Card, the User must:

1. Go to their affiliated Gym during normal operating hours, when an employee is present, to have their identity validated using a valid photo ID; or
2. Use their Éconofitness app to complete an identity verification process (where available).

By accessing the Services of Éconofitness, you agree and acknowledge the following:

• Users (and their guests) are prohibited from selling or consuming any product not approved by management in the Gym, locker rooms and any other related areas.
• Users are prohibited from soliciting other Users for any reason whatsoever.
• Users are prohibited from lending their Access Card to anyone.

According to the type of membership chosen, Éconofitness offers the following to its Users: Gyms, equipment, fitness programs, classes and instructional videos for the practice of physical activity. Users accept the risks inherent to the practice of physical activity and the use of the equipment and materials made available to them.
 
Any physical activity carries a risk of traumatic injury, such as back pain (herniated disc), tendinopathy, inflammatory injury or muscle strain. These injuries are usually related to a lack of warm-up, lack of lumbar and abdominal stability, overloading, poor technique, lack of stretching after exercise or too little recovery time between exercises.
 
Moderate- to high-intensity physical activity may also pose a risk for cardiovascular events. However, except in the case of cardiovascular disease for which risk factors would have already been evident, the risk of adverse cardiovascular events during physical activity is extremely low in apparently healthy adults and adolescents and is generally outweighed by the considerable health benefits of physical activity.
 
If you are a User over the age of 69, you should consult a physician before engaging in physical activities at a Gym, even if you participate in strenuous physical activities occasionally or regularly.
 
Additionally, if one or more of the situations below apply to you, it is crucial that you consult a physician prior to accessing the Gym for physical activity. During the consultation, you will need to inform your physician about the type of physical activity you plan to engage in at the Gym to determine if you have any restrictions or if you need to take certain precautions when working out.
 

1. You have a heart condition or high blood pressure
2. You experience chest pain at rest or during your daily activities
3. You have balance problems related to dizziness or have fainted at least once in the past twelve months
4. You suffer from a chronic illness or are taking prescribed medications for a chronic condition
5. You have bone or joint problems that could be aggravated by physical activity
6. Your physician has warned you against engaging in physical activity without medical supervision

 
No one is immune to risk; even Users who are in optimal physical condition are at risk of injury during a workout. A sedentary lifestyle, old age, osteoarthritis or being overweight are some of the conditions that can put some Users at greater risk for a workout-related injury. ALL USERS SHOULD CONSULT THEIR PHYSICIAN BEFORE UNDERTAKING ANY FITNESS PROGRAM.
 
Éconofitness assumes no responsibility for accidents that may occur during physical activity if you do not follow the advice and recommendations of your physician.
 
The User agrees to indemnify Éconofitness, its affiliates and their representatives from any and all causes of action that may arise from the negligence of the User or that of their guests while using the Gym, its facilities or its equipment, including all legal and expert fees that may be required to ensure the User’s full defense.

Users and their guests are solely responsible for their belongings brought into the Gyms. Éconofitness is not responsible for damaged, forgotten, lost or stolen items. Please empty the contents of your locker before leaving the Gym. Locks will be cut, and lockers will be emptied every night. Lost items will be kept for seven days and will then be donated to charities or destroyed.

Users must present their Access Card at each visit to access the Gym. If a User loses their Access Card, a fee of $20 (plus taxes) will be required to obtain a replacement.
 
Users are strictly prohibited from giving access to another person who is not a User or who does not have their Access Card (except for emergency services), including opening the door, even if they know the person. Anyone who provides entry to another person without authorization is subject to a fine of $25 (plus taxes) per occurrence. Repeat offenders are subject to prosecution, and Éconofitness reserves the right to immediately terminate their membership.
 
Éconofitness monitors the use of Access Cards and the safe use of the Gyms through 24/7 video surveillance to ensure the safety of Users, staff, the premises and the equipment.
 
Outdoor footwear is not permitted inside the Gym from November 15 to April 15. Proper indoor running shoes and the use of a towel are mandatory in all Gyms and workout situations. Footwear worn outside is not permitted in the Gym. Users must abide by all other policies and regulations posted in the Gym, including the principles of hygiene (e.g., perspiration and smelly clothing). Rules may vary from one Gym to another.
 
No personal trainers are permitted in the Gyms unless authorized in writing by Éconofitness.
 
In the Gyms, Users are strictly prohibited from:
 

• Smoking anything, including e-cigarettes
• Drinking alcohol
• Using drugs
• Bringing animals inside (except for service dogs for individuals with disabilities)
• Bringing bicycles, scooters or similar devices inside. These items must remain outside the Gym. 

 
Users must respect other Users and employees and treat them so as not to annoy or intimidate them. We have zero tolerance for such behaviour. Éconofitness reserves the right to suspend or terminate a User’s membership immediately, call the police for such actions and file a complaint or take legal action. Éconofitness promotes an inclusive and respectful environment for all. Any discriminatory behaviour, harassment or intimidation based on age, gender, identity, origin or sexual orientation is strictly prohibited and shall result in disciplinary action, including membership termination. We have zero tolerance for aggressive or inappropriate language or behaviour toward employees and other Users. Courtesy and respect for others is required at all times.
 
Users must not take photos or videos without having requested permission. It is also prohibited to post online comments that could identify another person without their prior consent.
 
We make every effort to ensure that all of our Gyms are open for business during their posted hours of operation. However, situations beyond our control may occasionally arise. Therefore, we reserve the right to temporarily close the Gyms, without monetary compensation, in the event of force majeure, power failure, internet failure, an unsafe workout environment or any other reason we deem valid.
 
We provide our Users with locker rooms so they can change clothing. These include personal or gender-specific shared locker rooms to ensure the safety, privacy and dignity of our Users.
 
Our women-only Gyms (“Au Féminin”) are reserved for individuals who identify as women only.
 
Hours of operation, unstaffed access hours (24/7) and group class schedules may be changed without notice.
 
For access during unstaffed hours, we encourage Users to work out in pairs for security reasons. Emergency resources are available in case of need. It is crucial to use them responsibly.
 
Equipment use:
 
Upon joining the Gym, all Users may ask staff any questions they have about the operation of the Gym and the use of equipment. It is highly recommended to take this training. Éconofitness will not accept any liability for personal injury claims if you use Gym equipment without having taken the training provided by a qualified Éconofitness employee.
 
If you are unsure how to use a piece of equipment, you must seek advice from an Éconofitness employee. If there are no employees present, do not use the equipment until a qualified person has explained to you how to operate it safely.
 
Users must share equipment, show respect and refrain from monopolizing equipment if other Users wish to use it.
 
Always put away your weights after each use. Do not drop your weights on the floor.
 
Use of a towel is mandatory everywhere and at all times. Please wipe the equipment after each use.
 
It is prohibited to use the Gym and its equipment while under the influence of alcohol, drugs, tranquillizers or any other medication or substance that may impair your ability to work out safely. Éconofitness reserves the right to expel you and terminate your Gym membership if it reasonably believes that you are unable to use the equipment.

At our Gyms, User health and safety are top priorities. Users who access the Gym during periods when no employees are present (at participating Gyms; see the schedule on the website or on the Gym door) accept all risks associated with working out or being at the Gym during unstaffed hours. Users agree to comply with the rules stipulated in the Code, including any instructions posted on site. Some services are reduced or unavailable during unstaffed hours. To access the Gym when no employees are present, Users must use their Access Card.
 
Assistance:
 
If a User experiences or sees a situation that requires assistance when no employees are present at the Gym, they may use the 24/7 emergency phone or follow the instructions posted at the Gym. The emergency phone can be used to contact an alarm centre for emergency support. The emergency dispatch centre can transfer the emergency to the appropriate authorities. Note that this centre does not handle issues related to the Gym or membership. For this, you must contact Éconofitness directly.
 
Fire alarm:
 
If a User is at the Gym during unstaffed hours and sees a fire, they must leave the Gym immediately. If it can be done without endangering their safety, they should activate the red box on the wall to trigger the fire alarm. Otherwise, the User must call 911 and notify the fire department.
 
If a User hears a fire alarm in the Gym during unstaffed hours, they must leave the Gym immediately.
 
If the User sees another User in distress and can assist them in exiting the Gym without jeopardizing their own safety, it is their duty to help the other User.
 
Exit signs are posted throughout the Gyms.
 
Heart problem:
 
In the event of a cardiac emergency, the prompt use of an automated external defibrillator (AED) can be critical. However, for safety reasons, only individuals who are trained or have adequate knowledge of how to operate an AED should use it. Anyone facing a situation requiring the use of an AED must prioritize calling emergency services or 911 and seek assistance from someone qualified to use it. Éconofitness disclaims any liability for damages resulting from the improper use of an AED and reiterates that it must be used in accordance with established safety instructions.

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.
 
WEEKEND memberships:
 
They are valid only at the address indicated on the contract. It is possible to change Gyms after the agreement is finalized for a fee of $49.99 (plus taxes) per change.
 
They are valid only on Fridays, Saturdays and Sundays of each week between the start date and the end date of the contract.
 
They are valid only during staffed hours, which are subject to change without notice.
 
ÉCONO memberships:
 
They are valid only at the address indicated on the contract. It is possible to change Gyms after the agreement is finalized for a fee of $49.99 (plus taxes) per change.
 
They are valid only during staffed hours, which are subject to change without notice.
 
PLATINUM and EXTRA memberships:
 
Platinum and Extra Users can work out at any of the Gyms in the network (see the official list on the website, which can be modified without notice and without compensation to the User).
 
Only one Access Card is available per membership.
 
Platinum and Extra Users must present their Access Card to a staff member or at a designated authorization terminal to use the tanning equipment. Tanning is not available during unstaffed hours.
 
In accordance with the Government of Canada guidelines for indoor tanning, tanning equipment is restricted to persons 18 years of age and older. All Users must comply with the SMART tanning rules. Protective eyewear is mandatory when using tanning equipment.
 
Platinum and Extra Users must swipe their Access Card at the scanner to activate the massage chairs and hydromassage beds, or to access showers and other equipment or areas they have access to.
 
EXTRA memberships:
 
EXTRA Users have access to group classes with an on-site instructor.
 
Instructor-led group classes will take place only if Éconofitness deems that there are enough registrations or participants.
 
User registration for a class is on a first-come, first-served basis, and space is limited.
 
To access the instructor-led group fitness studio, Extra Users must have their Access Card with them at all times.
 
Users must return equipment to its proper location after use.

Users under 18 must declare that they have the consent of a parent or legal guardian, who has previously read and understood the terms and conditions of the membership and the conditions for minors. (See mandatory form to be completed by the parent or legal guardian.)
 
Users under 18 must use the Éconofitness mobile app or come to the Gym with a parent or legal guardian during their first visit to verify their identity and obtain their Access Card. The parent or legal guardian must provide proof of parental relationship or guardianship.
 
Users under 18 cannot access the tanning service according to the provincial law in effect in Quebec.
 
During “Free Trial” days, minors ages 14 to 17 must be accompanied by a responsible adult.
 
Persons under 14 cannot be admitted, at any time and for any reason, to an Éconofitness Gym.