TERMS & CONDITIONS

For the purposes of these Policies and Terms and Conditions, "Éconofitness" means Vivre en Forme inc. and its affiliates.

Price
1. GST and QST are added to all listed prices.

2. In case of returned payment, you will be charged $11.50 plus taxes.

3. In order to take advantage of the "rate freeze" option, the member must re-enroll prior to the expiration of their current contract. They must also keep the same type of membership. This applies to the membership cost before discounts and before taxes. Only offered when subscribing: by adding $1.75 plus tax to your biweekly payments, your membership fee will remain the same as long as you remain a member and keep the same type of membership.

Termination of the contract

"Clause required under the Consumer Protection Act.
(Contract entered into by a merchant operating a fitness studio)
The consumer may cancel this contract without cost or penalty before the merchant has begun to perform his principal obligation by sending the attached form or another written notice to that effect to the merchant.
If the merchant has begun to perform his main obligation, the consumer may cancel this contract within a period equal to 1/10 of the duration provided for in this contract by sending the attached form or another written notice to that effect to the merchant. This period has as its starting point the moment when the trader begins to perform his principal obligation. In this case, the merchant may only require the consumer to pay more than one-tenth of the total price provided for in the contract.
The contract is terminated, without further formality as soon as the form or notice is sent.
Within 10 days following the termination of the contract, the merchant must return to the consumer the money he owes him.
The consumer should consult sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, if necessary, contact the Office de la protection du consommateur. » R.R.Q., 1981, c. P-40.1, r. 1, s. 47.

4. After the period provided for in the Consumer Protection Act to cancel without charge, if the consumer wishes to terminate the contract before the end of the term, they must notify the merchant of this intention in writing by filling out the cancellation form provided for this purpose, available in the Member’s Login, by sending it by registered mail, or by handing it in to their gym manager. The date on which the application is mailed or hand-delivered to the merchant will be considered the reference date. The member also agrees unreservedly to pay the merchant a termination fee that represents the administrative charges for contract cancellation. 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 the value of items included as part of the membership package.

5. Under Québec's Consumer Protection Act, we will charge you 10% of the total cost of your membership if you cancel within 37 days of your membership.

After the 37-day period, you may cancel your membership at any time during your contract period. However, we will charge you a $60.00 administrative fee. The merchant may change this fee without notice upon renewal, if applicable.

6. 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 force.

Terms and Conditions

7. The member will receive the information and communications related to their file at Éconofitness at the email address indicated on the contract. Official communications from or related to Éconofitness are done exclusively by email.

8. You can upgrade your membership at any time. Note that when you upgrade your membership, a new one-year contract is created on that date. If needed, a credit is applied to the new contract if a payment has already been received on your original contract.

9. To downgrade your membership, you must cancel the current membership, pay the applicable fees and select your new membership plan.

10. The contract is valid between the dates indicated on it. No suspension or extension of the term is possible under any circumstances, including moving or medical reasons.

11. This membership may not be assigned, transferred, or resold in any way.

12. Members (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.

13. Soliciting other members is also prohibited.

14. To obtain an access card to the gym, members must show up with an ID while there is an employee on the site.

Risk acceptance

15. According to the type of membership chosen, Éconofitness offers the following to its members: gyms, equipment, fitness programs, classes, and explanation videos to practise physical activity. The member accepts the risks inherent in the practice of physical activity and the use of what is made available to him.

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 workout 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 presence 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 that physical activity confers.

Even members 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 members at greater risk for a workout-related injury. ALL MEMBERS SHOULD CONSULT THEIR PHYSICIAN BEFORE UNDERTAKING ANY FITNESS PROGRAM.

16. The member agrees to indemnify Éconofitness, its affiliates and their representatives from all causes of action that may arise out of the negligence of the member or the member's guests while using the gym, facilities or equipment, including all legal and expert fees that may be necessary for the member's full defence.

17. The member and their guests are solely responsible for their personal belongings brought into the Gym. The member releases Éconofitness from any responsibility in case of loss or thef.

Access to the gym and classes

18. A valid photo ID will be required at your first visit in order to receive your membership card or access bracelet.

19. Members must present their membership card or access bracelet at each visit in order to have access to the gym. In the event of loss of a card or bracelet, the member will be charged $11.50 for a replacement card or $15.00 for a replacement bracelet.

20. Members are strictly prohibited from giving access to another person who is not a member or who does not have their card or bracelet (except for emergency services), including opening the door even if you know the person. Offenders of these regulations are liable to prosecution and Éconofitness reserves the right to immediately terminate their membership.

21. The wearing of proper indoor running shoes and the use of a towel are mandatory in all gyms and fitness settings. Shoes worn outside are not allowed in the gym. The member must comply with the other policies and regulations posted in the Gym, including the principles of hygiene (e.g., sweating and smelly clothes). Rules may vary from one gym to another.

22. The member must respect other members and employees and treat them in a way that does not bother or intimidate them – we have zero tolerance for such behaviour.

23. We do everything in our power to ensure continuous opening according to the posted opening hours of all of our gyms. However, certain situations beyond our control may occasionally arise. Thus, we reserve the right to temporarily close the Gyms, without monetary compensation, in the event of force majeure, power failure, internet failure, unsafe training environment or for any other reason that we deem valid.

24. The member acknowledges that there may be occasional equipment failures, service breakdowns, delays in opening, or other situations where reasonable time may be required to restore the situation. In such cases, no monetary compensation will be given.

25. Our women-only gyms (“Au Féminin”) are reserved for individuals who identify as women only.

26. Hours of operation, 24/7 access and group class schedules are subject to change without notice with a note on the local page of the econofitness.ca website.

27. Members who access to the Gym during periods when there are no employees present on the premises (in participating gyms, see the schedule on the website or on the door of the gym). The member accepts all risks arising from and associated with working out or attending the gym when there is no employee on the premises. A valid membership card or bracelet is required to access the Gym during these periods. The member agrees to respect the rules stipulated in the Éconofitness code of conduct posted at the gym. Some services are reduced or unavailable during hours without an employee present on the premises. In order to gain access to the Gym when there is no employee, you must scan your card or bracelet on the black reader near the door.

Conditions for minors

1. ​The member under 18 years of age declares that they have the consent of their 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.)

2. Members under 18 years of age must bring a parent or legal guardian to the gym on their first visit to pick up their membership card or access bracelet. The parent or legal guardian must provide proof of parentage or guardianship.

3. Members under 18 years of age cannot access the tanning service according to the provincial law in force in Québec.

4. During the "Free Trial" days, minors aged 14 to 17 must be accompanied by a responsible adult.

5. Persons under the age of 14 cannot be admitted, at any time and for any reason, to an Éconofitness Gym.

Specific conditions for 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.

WEEKEND memberships:

1. Are valid only at the address indicated on the contract. It is not possible to change locations after the agreement has been signed;

2. Are valid only on Thursdays, Fridays, Saturdays and Sundays of each week between the start date and the end date of the contract;

3. Are valid only during the hours with employees on site. These are subject to change without notice.

4. Weekend members can access the showers for only $1/3 minutes.

ÉCONO memberships:

1. Are valid only at the address indicated on the contract. It is not possible to change locations after the agreement has been signed;

2. Are valid during the hours with employees on site. These are subject to change without notice.

3. Écono members can access the showers for only $1/3 minutes.

PLATINUM and EXTRA memberships:

1. Platinum and Extra members can train at any of the gyms in the network (see the official list on the website, which can be changed without notice and without compensation to the member).

2. Only one person (Platinum and Extra member or Platinum Extra guest) is allowed in the gym at a time - you or your guest. Guests do not have access to the Platinum Zone and must be 18 years old or older. 

3. Platinum and Extra members remain responsible for their guests’ behaviour.

4. Only one membership card or bracelet is available per membership.

5. Platinum and Extra members must present their access card or bracelet to an employee to use the tanning equipment (18 years and older). (Not accessible during the hours without an employee on the premises.)

6. Members must clean the tanning equipment and the hydromassage beds after each use.

7. 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 the tanning equipment.

8. Platinum and Extra members must scan their access card or bracelet on the reader to activate the massage chairs and hydromassage beds.

9. Platinum and Extra members must scan their access card or bracelet on the reader to activate the showers and all other areas to which they have access.

10. I acknowledge that my membership gives me the right to share access with family members 14 years of age and older or friends. I declare that I am jointly and severally liable with any person with whom I share my membership and to indemnify Éconofitness for any damages that may be caused to Éconofitness, its directors, officers, employees and representatives or other members, by any person with whom I share my membership, whether on a contractual or extra-contractual basis.

EXTRA memberships:

1. EXTRA members have access to group classes with an on-site coach.

2. In the case of group classes with a coach, a class is officially given if the gym manager judges that there are enough registrations or participants.

3. Member registration for a class is on a first come, first served basis and space is limited.

4. In order to access the group class with a coach, Extra members must have their access card or bracelet with them at all times.

5. Members must return equipment to its proper place after use.

Members' Code of Conduct

1. Outdoor shoes are not allowed inside the gym. This rule will be reinforced from November 15th to April 15th.

2. Éconofitness is not responsible for forgotten, lost or stolen items. Please empty the contents of your locker before leaving the gym. Lockers will be emptied and locks will be cut every night.

3. Always replace your weights after each use. Do not drop your weights on the floor.

4. Users of the 30-Minute Express Circuit have priority access to the equipment in that zone.

5. No personal trainers are allowed in the gyms, except for authorized FittCoach trainers.

6. Members are expected to share equipment (including the Platinum Zone) and to be respectful. Between each session of using Platinum Zone equipment or each workout series, allow other members to use the space.

7. The use of a towel is mandatory everywhere and at all times. Please wipe down the devices after each use.

8. We have zero tolerance for aggressive words or actions towards employees and other members. The utmost courtesy and respect for others are required at all times.

9. Serious or repeated violations of the Members’ Code of Conduct may result in termination of membership.


Privacy Policy
This Privacy Policy governs the manner in which the COMPANY collects, uses, retains, and discloses personal information collected from you and other Users (“You” or “User”) while using this website (the “Site”), whether accessed through the Internet, a mobile device, other electronic devices, or any other means. It applies to the Site and all products and services the COMPANY offers on the Site.

The COMPANY is committed to protecting the Personally Identifiable Information (as defined below) it collects from its Users.

1. Definitions
“Collection” means the act of gathering, acquiring, or obtaining Personal Information in any manner and by any means, including from Third Parties.

“Consent” means voluntary agreement to the collection, use, and/or disclosure of Personal Information for the purposes identified by the COMPANY. Consent can be either express or implied and can be provided directly by the User or by an authorized representative. It must be unequivocal.

“Disclosure” means the act of revealing Personal Information to a Third Party.

“Personal Information” means any information about an individual that directly or indirectly identifies the individual.

“Privacy Officer” means the person at the COMPANY who is responsible for ensuring compliance with and enforcement of this Policy.

“Third Party” means a person other than a User, the COMPANY, or an agent of the COMPANY.

“Use” means the processing, handling, and management of Personal Information by the COMPANY.

“User” means any person who uses any customer service offered by the COMPANY.

2. Responsibility
The COMPANY shall obtain the consent of the User at the time of Collection.

The COMPANY is responsible for Personal Information under its control and shall designate a Privacy Officer who is accountable for compliance with the principles set out in this Policy.

The Privacy Officer is responsible for the application of this policy. Other COMPANY employees may also be designated to assist the Privacy Officer or to handle the day-to-day collection, use, disclosure, and processing of Personal Information.

The COMPANY shall, upon request, provide the name of the Privacy Officer (the Privacy Officer’s contact information is also provided at the end of this Privacy Policy).

The COMPANY is responsible for Personal Information in its possession or custody, including any Personal Information that has been transferred to a Third Party for processing.

3. What Personal Information do we collect?
We may collect two types of information from Users of our Site:
• “Personally Identifiable Information” (such as your name, email address, mailing address, telephone number, username, and credit card information) that can be used to locate you, contact you, or establish your identity. This information is held in your account with us.
• “Aggregate Information,” which is information about your activities on the Site or related to the services we offer (such as frequency of visits to this Site, data entered during use of the Site, most visited pages, browser type, links clicked, and IP address). This information cannot be used to identify, locate, or contact you.

4. When do we collect Personal Information?

• When you pay (by credit card or direct debit) for our services or products, we ask for your name, address, and credit card information.
• Once you log into your account (Member’s Login), you have the option to edit your profile and provide Personally Identifiable Information such as your address.
• When you enter a contest or promotional offer through the Site.
• When you post comments, provide feedback, or submit suggestions through the Site.
• When you visit the Site, even if you do not log in, we collect information about your computer’s operating system (Microsoft Windows, Mac OS, etc.), your IP address, your web browser (Firefox, Internet Explorer, Chrome, etc.), the originating website, and usage data related to your activity on the Site (pages visited or shared, features used, total amount of time spent on the Site, etc.). This data is used to analyze the performance of the Site and the services.

You may decline to provide Personally Identifiable Information, but this may prevent you from having access to all the features of the Site.

5. Web browser cookies and other technologies used to collect data
In addition to the data collection described above, we use various technologies to collect information from your computer and about your activities on our Site.

• Cookies. When you visit our Site, we may assign your computer one or more cookies to facilitate your access and personalize your experience on our Site. A cookie is a small text file that is installed on the User’s computer browser. It contains no Personally Identifiable Information. The use of cookies may also allow us to collect data about your online activity on our Site, such as the web pages you visit and the links you click on. Most browsers automatically accept cookies, but you can usually change your browser settings to refuse cookies. If you choose to refuse cookies, you may not be able to sign in or use other interactive features available on the Site.

  • • Other technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Site. Web beacons are small images that are embedded in web pages. Like cookies, they are used to track activities. We may also insert web beacons into emails or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this way allows us to personalize the services we offer to our visitors, deliver targeted ads, and measure the overall effectiveness of our online advertising, content, programming or other activities.

  • • Information collected by Third Parties. We may allow Third Parties, including our authorized service providers, advertising companies, and advertising networks, to advertise on our Site. These companies may use tracking technologies, such as cookies, to collect data about Users who view or interact with their advertisements. Our Site does not share any Personal Information with these Third Parties. This data allows them to deliver targeted ads and measure their effectiveness.

6. How do we use the Personal Information collected?
We collect and use your Personally Identifiable Information for the following purposes:

  • • To personalize the User experience
         ○ We may use Aggregate Information to understand how Users, as a group, use the services and resources provided on our Site.

  • • To improve our Site and the User experience
         ○ We continually strive to improve the offerings on our Site based on the data and feedback we receive from you.
         ○ We may use the information we collect about you to gather demographic data trends or provide you with offers and discounts, among other things.

  • • To improve customer service
         ○ The information you submit helps us respond more effectively to your customer service requests and support needs.
         ○ When you submit questions or comments, we may use this information to answer you.
         ○ By providing us with your Personal Information, you agree that we may contact you by phone, email, mail, or text message to respond to questions that you send us.

  • • To process transactions
         ○ We may use the information provided by Users at the time of placing an order only to process that order. We do not share any credit card information with Third Parties except to the extent necessary to provide the service.

  • • To communicate with you and keep you informed
         ○ The mailing and email addresses provided by the User may be used to send information, promotional offers, and updates related to the services we offer. These addresses may also be used to respond to Users and/or other requests or questions. Upon subscription, customers agree to be added to our mailing list and to receive emails and/or mail that may include company news, updates, sales, product, or service information. If at any time the customer no longer wishes to receive emails or mail, they may unsubscribe by contacting us through our Site.

  • • For marketing purposes
         ○ We may use the information provided by the User to display targeted advertisements or content that we believe may be of interest to the User based on the information provided by the User.
         ○ We may provide data mining services to Third Parties who wish to better understand our Users by providing them with Aggregate Information based on the Users of the Site, such as interests and purchases made.
         ○ By providing us with your Personal Information, you agree that we may contact you at the phone number you provided for marketing purposes.
         ○ We may link your information with data you provide on our other websites, including ifit.com.

We may also use Aggregate Information, including page view data, to improve the design, content, and performance of our Site, or to analyze the use and popularity of certain pages of the Site.

7. Limit on use of Personal Information
We may provide Personally Identifiable Information to authorized service providers who provide services and perform functions on our behalf. In such cases, we will enter into a contract with these partners to ensure that this information is used for no other purpose.
We may disclose the information we hold when required by law, for example, in response to a court order.

We may also disclose such information in response to requests from law enforcement or other public agencies if we believe that disclosure could prevent the commission of a crime.

We may disclose de-identified information to an individual or organization that wishes to use the information for study, research, or statistical purposes.

Finally, we may disclose Personal Information to the extent permitted by law in the event of a transfer of our assets or ownership as part of a proposed or actual corporate reorganization, such as a merger or acquisition. In the event of any such reorganization, merger, or acquisition, we may use or disclose Personal Information in the course of our business in accordance with this Privacy Policy. In such a case, we will notify you of the fact that your Personal Information has been disclosed within a reasonable period of time following the reorganization, merger, or acquisition.

We may disclose your information to collect a debt against you.

8. How do we protect your Personal Information?
We adopt appropriate data collection, storage, and processing practices as well as security measures to protect against unauthorized access to or modification, disclosure or destruction of your Personal Information, username, password, transactional information, and data stored on our Site.

The exchange of sensitive and private data between the Site and its Users is carried out through a secure communication channel and is encrypted and protected by digital signatures.

When you purchase our services, you will be asked to provide credit card and/or billing information as well as an email address. We will use the information provided in connection with a purchase made by a User to process the order and for no other purpose.

We want you to use our Site with confidence. However, no system is completely secure. Therefore, while we take all necessary steps to protect your Personal Information, we cannot guarantee that such Personal Information, research, or other communications will always remain secure. Users acknowledge that they provide such Personal Information at their own risk. In this regard, Users should also be careful when handling and disclosing their Personal Information and should avoid transmitting Personal Information through unsecured email. For more information on how to protect yourself from identity theft, please visit the Government of Canada website at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc284/protect-yourself-against-identity-theft.html

9. Third Party websites
On our Site, Users may find advertising or other content that links to the sites and services of our partners, suppliers, advertising agencies, sponsors, licensors, or other Third Parties. We do not control the content or the links that appear on these sites, and we are not responsible for the practices employed by websites that link to or from our Site. In addition, these sites or services, including their content and links, may change constantly. These sites and services may have their own privacy and customer service policies.

Your browsing and interaction with other sites, including sites that link to our Site, are subject to the policies and terms of those sites. Under no circumstances will we be held responsible for the privacy practices of websites which the COMPANY does not own.

10. Accuracy of and access to Personal Information
We ensure that the Personal Information we hold about a User is current and accurate when making a decision about a request.

We will update a User’s Personal Information when necessary to make a decision, to fulfil intended purposes, or to correct inaccurate Personal Information at a User’s request.

You may obtain a copy of the Personal Information we hold about you by writing to the Privacy Officer, whose contact information is provided at the end of this Privacy Policy.

If you demonstrate in your written request that the Personal Information we hold about you is inaccurate or incomplete, we will make the appropriate changes.

We will respond to any such request for access or modification with due diligence and within 30 days.

We will not charge a fee for access to the Personal Information we hold about you. However, a fee may be charged to reproduce, transmit, or transcribe the information.

We may refuse to disclose Personal Information if doing so threatens to cause harm to the COMPANY or a Third Party, or if it contravenes any law. In such cases, we will provide reasons for our refusal.

11. Your acceptance of these terms and conditions
By using this Site, you signify your acceptance of this Policy. If you do not agree with this Policy, please do not use our Site. Your continued use of this Site following the posting of changes to this policy will be deemed acceptance of those changes.

Changes to this Privacy Policy
We encourage all Users to check this page often to learn about changes and how we are contributing to the protection of the Personal Information we collect.

Official version
The French version of this Policy is the official version and takes precedence over the English version. In case of contradiction between French version and any other translation, the provisions of French version will prevail. 

Contact us
For any questions or complaints related to this Privacy Policy, the practices on this Site or your interaction with this Site, or for any other request, please contact us at:

Renaud Beaudry, President
Privacy Officer

Les Entreprises Vivre en Forme (Éconofitness)
1040 Michèle-Bohec Boulevard, Suite 300
Blainville, QC J7C 5E2
 
450-979-3613, ext. 1
informatique@econofitness.ca

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