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Terms, Conditions and Liability Release

Liability

  • The member acknowledges that Training Ground Academy Inc.’s obligations and liabilities in respect of Training Ground Academy Inc. are defined in this agreement and/or within the regulations applicable to all users and members of the facilities. The member is responsible for the consequences of any use of any of the facilities, equipment and services of Training Ground Academy Inc.
  • We will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
  • You enter this agreement with the knowledge that martial arts and fitness training are both potentially dangerous activities. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most students will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and the student can be expected to encounter these injuries. The possibility of more serious injuries exists, including fractured cones, broken bones, torn ligaments, though not all students encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling or death, though this is certainly not expected in this martial arts and fitness class.
  • Everyone (members, guests and staff) in class is responsible for their own safety and the safety of those around them.  Members have the right and responsibility to excuse them self from any exercise they believe will be harmful to them even if they are working with a partner.
  • By electronically agreeing to this agreement the member acknowledges and understands the above statements of risk, and their rights and responsibilities. The member assumes responsibility for their own safety (or the safety of their child), understanding and accepting the risks involved with martial arts and fitness training. By assuming this risk, the member completely absolves all instructors, staff, guests, students, landlords, management companies and any and all other parties of liability for harm, unless intentionally caused in criminal conduct.
  • This release of liability signed through this document is effective from the date signed with no expiration. Furthermore, the limitation of liability terms of this document are retroactive to the beginning of training and visiting this school if this document was signed after that date
  • The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition. Before participating in any of the services of, or using the facilities of Training Ground Academy Inc., the member takes responsibility for seeking medical clearance from their personal physician.
  • Training Ground Academy Inc. reserves the right to make reasonable alterations to the type of facilities, normal hours of operation, class schedules and services provided without notice and shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services, due to matters beyond our control.

 

Terms and Conditions

  • This is a legally binding agreement between Training Ground Academy Inc. and you; the member and is personal to you. You may not assign or transfer this Agreement to anyone else without written approval of Training Ground Academy Inc…
  • Training Ground Academy Inc. may assign this Agreement to another company or person if we choose, and the term “Training Ground Academy Inc.” will also mean any company or person to whom we assign this Agreement, who will have all our rights and powers under this Agreement. If any claims are brought against us under this Agreement, we reserve the right to raise any defenses available to us under this Agreement even if we have assigned this Agreement to another company or person.
  • Your entitlement to damages or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
  • The member gives permission to Training Ground Academy Inc. to use photographs for communication and promotion of the school and website.
  • The decision to accept the application of a potential member shall be at the sole discretion of Training Ground Academy Inc. We reserve the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given by the applicant/member could result in the cancellation of all membership rights and lead to the repayment of all monies due to Training Ground Academy Inc.
  • The member hereby agrees also to be bound by the regulations applicable to all users and members of the facilities.
  • This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein
  • The provisions of this Agreement are severable. This means that if a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose not to apply or enforce a particular provision at any time, we still have the right to enforce or apply that provision in the future.
  • Training Ground Academy Inc. may expel members or may terminate the membership of any member:
    • without notice and with immediate effect if the member’s conduct, whether or not such conduct is the subject of a complaint by another member or group of members, is such that in the reasonable opinion of Training Ground Academy Inc., it may be injurious to the character, name or interests of Training Ground Academy Inc. or is such that it renders the member unfit to associate with other members of Training Ground Academy Inc.
    • By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment.
    • A member whose membership is terminated by Training Ground Academy Inc. shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.

 

Purchase Policy

  • All members are liable to pay all membership fees irrespective of actual usage of Training Ground Academy Inc.’s facilities.
  • If a member cannot use the Facility for a valid medical reason (doctor’s note required) we will put a hold on the membership until the member is fit to resume exercising. The hold request must be made in writing and will take effect 30 days after we receive written notice. (An email message is acceptable). All scheduled payments will continue and the length of the membership will be extended for a period of time equal to the period that the membership was on hold. Membership holds for any other reason are entirely at Training Ground Academy Inc.’s discretion and can only be executed once during the period of a contract (open contract excluded) for a maximum of 2 months. Phone, fax, or verbal holds are not accepted.
  • Training Ground Academy Inc. reserves the right to increase Membership fees but contracted students will not be affected by market pricing changes
  • Certain categories of membership do not include all of Training Ground Academy Inc.’s services and facilities. Services and facilities not so included may be provided at an additional charge at Training Ground Academy Inc.’s discretion. It is the member’s responsibility to understand and adhere to the terms of their specific membership category, or they may be subject to additional charges or termination of their agreement.
  • Members who fail to attend pre-booked activities will be charged for the activity in question.
  • We will apply an administration fee of $30, as well as our costs and expenses, to returned checks, declined credit card and EFT transactions.

 

Cancellation

  • Under the Consumer Protection Act, 2002 (CPA) you have the right to cancel a membership within 10 days of receiving a written copy of the agreement or the day all the services in the agreement are available, whichever is later.
  • All contracts will end at a maximum of 1 year after it is activated. A contract paid monthly will automatically be renewed on a month to month basis at the end of the contract and you will be notified at least 30 days before the renewal of the contract. To cancel a renewed contract, we simply require 30 days’ notice in writing. (An email is acceptable). You have the option to secure a different rate and opt for a longer duration during your automatic renewal period, or month to month basis.

 

Returns

  • Excluding some sanitary situations, full refunds will be issued for unused equipment within 20 days. (Any items with manufacturing defects may be exchanged for the same item within 30 days). Refunds will be provided in the same tender that the purchase was paid in. (Cash will be refunded in cash. Cheques if cleared after 10 days will be refunded in cash. Debit cards will be refunded to the original debit card. Credit card transactions will be refunded to the original credit card and Gift Card purchases will be returned on a gift card).
  • Customers will be required to fill out a Refund Voucher to verify the return was completed. The personal information provided on a Refund Voucher is required in order to process the refund and is used for the following purposes:
    • For auditing purposes; and to ensure customer satisfaction
    • Returns not accompanied by a receipt will be processed at our discretion at the last lowest sale price for store credit.
    • For custom or special orders, the customer will be charged 20% re-stocking fee. You will be notified of these circumstances at the time of order
  • Exchanges will be provided within 30 days from original date of purchase and will be offered for the same product or a product of equal value. (A new receipt for the exchanged product may not be issued).
  • Return Exclusions: Used clothing items, groin and breast protectors, hand wraps, used gloves
  • Training Ground Academy Inc. reserves the right to limit or refuse to accept the return of certain merchandise due to abuse or misuse of a product.

In checking the box below I hereby remise, release, discharge, waive, indemnify and save harmless Training Ground Academy Inc. from any and all liability, costs (including without limitation legal costs on a solicitor and his own client basis), claims, damages, demands, actions and causes of actions at law, by statute and/or inequity arising as a result of any loss, damage, personal injury, death or property damage that I may suffer, directly or indirectly, as a result of my participation in, spectating and/or mere attendance at Training Ground Academy Inc. I have carefully read this agreement and understand that I have access to it at www.training-ground.com/policies as well as access to our privacy policies at www.training-ground.com/privacy. I understand the terms and conditions and agree to be bound by them.

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