Our policies, in plain sight.

1. You may cancel your membership and receive a full refund within three business days of signing this contract by providing a written notice to the Elk Fitness and returning the access card. If access card is not returned, the Elk Fitness will deduct the cost of the cards from the refund.
2. If you wish to cancel your membership before the end of the agreed term, you may do so by providing a 30-day written notice. Early cancellation fees will apply based on your membership plan: $50 for a 3-month membership, $100 for a 6-month membership, and $200 for 1-year or 2-year memberships.
3. If you die or become totally and permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use Elk Fitness and no cancellation fee will be charged.
4. The CLUB retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the gym policies, violation of terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $200 cancellation fee. In the case where the facility or its contents are damaged, you will furthermore be responsible for the repair or replacement thereof.
5. If the Gym goes out of business or moves its facilities more than 7 kilometres from its present location, Buyer may cancel by written notice. Any cancellation under this subsection will receive a pro-rata refund of any prepayments.
6. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the Gym.

Elk Fitness

39 Cityscape Grove NE Calgary, AB | 647-821-4541 | www.elkfitness.ca

For all billing inquiries, please contact Elk Fitness.

AUTO RENEWAL PROGRAM: Provided that MEMBER is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated below. Renewal terms may be cancelled at any time provided a 30-day written notice. It is also understood that the Gym has the option to increase recurring renewal dues without notice during any renewal period not to exceed $10 per payment.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the Gym will have the right to declare the entire remaining balance due and payable and you agree to pay (pre-judgment and post-judgment) interest at the rate of 12% per year, and all collection costs that may be paid or incurred by the Gym, including but not limited to collection agency fees, court costs, arbitration costs, and lawyer fees on a solicitor and client scale (full indemnity basis). You agree that these collection costs are pre-proceeding collection expenses and constitute a claim for a liquidated demand for money within the meaning of this province's Small Claims Court Rules. You agree that the collection costs are recoverable in Court by the Gym. A default occurs when any payment due under this agreement is more than 15 days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any recurring payment become more than 15 days past due, you will be charged a late fee. If the MEMBER is paying recurring dues via any form including Electronic Fund Transfer (EFT), cheque, draft or credit card, the ELK FITNESS reserves the right to charge via EFT, cheque, draft or credit card for all amounts owed by the MEMBER including any and all late fees and service fees. Subject to appropriate Provincial and Federal Law.

SALES TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your recurring membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the Gym has the right to increase your recurring membership dues by the amount of such increase. If you have requested the privilege of paying your recurring dues by pre-authorized electronic funds transfer, the recurring amount so transferred will be adjusted to reflect any increase in the sales tax rate.

RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The Gym hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENCES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from 30 days at a time. We may ask for documentation to verify your situation. During the freeze period, payments will be paused, and the frozen time will be added to the end of your original contract term. Once you resume any usage of the Gym, the freeze will terminate.

Military Member: If at any time during the term of your agreement, you are deployed or assigned to active duty, the Gym will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period.

There will be a freeze fee of $20.00/month to freeze the account for any reason.

MAINTENANCE OF FACILITIES: The Gym may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes.

1. MEMBER OBLIGATIONS: MEMBER agrees to abide by all Gym policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy,
2. MEMBER agrees to pay recurring dues on time, including notifying the Gym promptly if banking or credit card information used for automatic payment charges, or to be changed a declined payment fee and/or a late fee per delinquent payment,
3. MEMBER agrees to pay all service fees and late fees related to costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due,
4. MEMBER agrees to continue to fulfil the financial obligation of this agreement, except as allowed below,
5. MEMBER consents to the use of all communication channels provided by them to the gym (including telephone numbers, SMS messaging, email correspondence or letter mail) by the Gym, the Gym's billing company, the Gym's collection agency, or the Gym's attorney, unless they are notified in writing otherwise.

1. MEMBER, by executing this Agreement, does hereby join the Gym and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER's own athletic equipment and clothes.
2. MEMBER must scan his/her key fob upon entry. Access may be denied if a valid key fob is not presented. MEMBER agrees that MEMBER may be denied access to the Gym without his/her valid key fob.
3. MEMBER agrees to abide by all membership regulations of the Gym. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the Gym services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the Gym becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER's membership privileges for the period the facilities were unavailable.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the Gym may suspend the MEMBER's right to use the facility until such time as the MEMBER provides the Gym with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER's membership may be terminated by the Gym, and the balance of the contract declared due and payable in full immediately.
5. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
6. Flip-flops or bare feet are not allowed in the Gym and bring indoor shoes for the gym.
7. MEMBER agrees that MEMBER shall not use loud or profane language upon the Gym premises nor shall MEMBER molest, badger, assault or harass other Gym MEMBERs, guests or employees. If MEMBER engages in such behaviour, MEMBER's membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. MEMBER understands that the Gym prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the Gym premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon Gym premises.
9. MEMBER understands MEMBER may be photographed at the Gym. By execution of this Agreement, MEMBER agrees to allow MEMBER's photo, video or film likeness to be used for any legitimate purpose by the Elk Fitness, and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to Elk Fitness.
10. MEMBER agrees that if MEMBER fails to use the Gym facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the Gym shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney's fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14. MEMBER authorizes the Elk Fitness to contact them by email, telephone, or by other means. Subject to applicable law, Member agrees that Elk Fitness may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, any such party. By signing this agreement, MEMBER hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of the Elk Fitness, and/or their authorized designees, and MEMBER understands that such consent is not a condition of purchase.
15. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the Gym from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the Gym or at the Gym's website.

This facility is under 24-hour recorded video surveillance, which may be retained by the Gym for subsequent review, and MEMBER access card usage is logged.

MEMBER may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.

MEMBERs who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.

It is MEMBER's responsibility to wipe down all equipment after each use and re-rack the weights they use.

MEMBER is required to use the safety features of the equipment. If you are unsure how to use any equipment, please do your own research and ensure you understand its proper operation before use.

This is an unsupervised fitness facility at all times, including during office hours. Members use the facility and equipment entirely at their own risk.

Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of the MEMBER's membership, and the balance of the contract being declared due and payable in full immediately.

Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.

Age Requirements - Persons under the age of 13 are not permitted in the Gym.

I/We hereby authorize the Designated Billing Company selected by this Gym to draw items (checks, electronic fund transfers, charge card) for the purpose of paying the membership dues, including any late fees or service fees, as well as other purchases, on the account indicated below.

Subject to the following conditions:

1. The items shall be drawn on a recurring basis, pursuant to the Payment Schedule. I understand that my obligations under this agreement will include the recurring Membership Fee, the Annual Membership Fee, service fees for uncollectible recurring dues, applicable taxes, charges and any other unpaid fees or dues, and the amounts debited from my account designated above may vary each payment based on these additional amounts owed to Elk Fitnesss. I also understand that the payment account designated above may be used by Elk Fitness to bill for any retail transactions and/or online purchases initiated by me. The transactions on my bank statement will constitute receipts for payment on my account.
2. If the regular payments set forth on the Payment Schedule should vary in amount, I am entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, I choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment. I also agree to waive the 10-calendar day pre-notification requirement of any change in the amount of a PAD including any changes to the amount of the PAD due to changes in the applicable tax rate, top-up, or other adjustment.
3. The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
4. If this preauthorization payment arrangement is revoked for any reason, this does not release me from my obligation (Payment Schedule).
5. A service fee will be assessed and drafted for any cheque, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any recurring payment become past due.
6. I may revoke my authorization in writing at any time, subject to providing notice of 30 days prior to such revocation. The Company may be contacted by telephone at 647-821-4541, and in writing by mail at 39 Cityscape Grove NE, Calgary, AB or by email at workoutdidsbury@gmail.com.
7. I have certain recourse rights if any debit does not comply with this agreement. For example, I have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement.
8. This Agreement (including this pre-authorization consent) and any or all of its rights and obligations may be assigned by the Company at any time in its sole and absolute discretion.
9. By executing this Agreement, You authorize Gym and Gym's agents, to store the account or card information provided by You on or in relation to this Agreement and/or Your Gym Membership Agreement ('GYM Agreement'), as well as any other account or card information provided by You through any means to Gym or Gym's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your GYM Agreement (hereinafter, 'Payment Information'). Gym and/or Gym's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Gym Agreement, membership-related obligations, retail transactions. Gym and/or Gym's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Gym. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Gym Agreement. If Your Gym Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Gym Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Gym Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Gym Agreement.
10. This preauthorization payment arrangement shall apply to the following Applicant(s).

MEMBER understands MEMBER may be photographed, filmed, or recorded while at the Gym. By signing this Agreement, the Member gives consent to ELK FITNESS and its authorized staff, representatives, sponsors, and assigns to use the Member's image, video, or likeness for marketing, advertising, promotional, and other legitimate business purposes.

The Member agrees that such media may be used in any format (online, social media, print, or other platforms) without compensation. The Member waives any rights to ownership, approval, or payment related to the use of such media and assigns any related rights to ELK FITNESS.

I understand the risk of injury from Gym activities and using any Gym equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER at all times, including during office hours. Members use the facility and equipment at their own risk. In addition, I acknowledge that Gym activities may include outdoor activities which may present additional risks, such as slippery surfaces, uneven surfaces, loose rock or gravel, and unseen roots and other items. I understand that Elk Fitness has been licensed to this Gym and that this Gym is independently owned and operated by 2433854 AB Ltd. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Elk Fitness and its affiliates, AND THE OWNERS OF THE GYM, as well as all sponsors and advertisers, and all owners and lessors of the premises of such gym, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment products and machines or the facilities of the Gym, or any indoor or outdoor exercise program offered at or by the Gym, or any incident that occurs while using such facilities, or otherwise related to my membership.

I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.

I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

ADDITIONAL TERMS AND CONDITIONS - I hereby confirm that I am aware of and agree to the terms and conditions on both the front and back of this document.