(These conditions are an integral part of the contract)
1. TERM AND PAYMENT
1.1 The term of the contract takes effect from the date on which the membership begins.
1.2 The consumer agrees and undertakes to pay when due any amount owed to The YMCAs of Québec (hereafter the "YMCA") and to fulfill their scheduled transaction payment obligations as indicated in the “Payment Terms and Conditions” section of this contract.
1.3 The consumer agrees to notify the YMCA of any change that may occur in their mode of payment which could result in the inability of the YMCA to process the payment at least 7 days before the next payment due date (e.g. closure or change of a bank or credit card account, new expiration date for a credit card).
1.4 Penalties for declined payments: cheques that are returned or payments that are declined for whatever reason are subject to the payment of the costs incurred by the YMCA.
2. FACILITY AND EQUIPMENT MAINTENANCE
2.1 The YMCA agrees to maintain its facilities and equipment to ensure a safe environment for everyone. This may result in temporary interruptions in service or access to specific areas or equipment within a centre, such as the pool. Fees will not be adjusted as a result of maintenance, repair or renovation work carried out by the YMCA.Should a YMCA centre be temporarily unavailable, the consumer may use the facilities and equipment at any other YMCA centre, providing they are available.
3. LIMITATION OF LIABILITY
3.1 While the YMCAs of Québec’s employees, volunteers, instructors, and subcontractors make every effort to minimize exposure to possible risks, the YMCA advises its users and their guests to consult their physician before participating in its programs or using its fitness equipment and facilities. The user, their guests, and participating members of their family understand and accept that, by registering in a YMCA program and/or using YMCA fitness equipment or facilities, they are doing so voluntarily and at their own risk, subject to the terms of this contract.
3.2 The YMCA will not be held responsible for any material damages arising from the use of its equipment or other facilities, nor sustained during the activities of the consumer and their guests, unless these are a result of the personal actions of the YMCA or one of its representatives.
3.3 The consumer assumes the full responsibility for any damages and hereby fully acquits and releases the YMCA and its managers, administrators, agents, employees, instructors, volunteers and other representatives of the YMCA from all present and future suits, claims, demands, actions or causes of actions arising from the use of its equipment or other facilities, except where the damage is the result of the personal actions of the YMCA or one of its representatives.
3.4 The YMCA is not responsible for the destruction or damage of the property of the consumer or of property in the possession of the consumer, or for the lost or theft of this property, except where the destruction, damage, loss or theft of this property is a result of the personal actions of the YMCA or one of its representatives.
4. HANDLING PERSONAL INFORMATION
4.1 The YMCA is committed to protecting the consumer’s personal information by adhering to the following responsible information handling practices. The YMCA collects personal information about the consumer (including, but not limited to first and last name, gender, mailing address, email address and age) required to manage effectively the requested services.
4.2 Among other things, the YMCA collects personal data for statistical purposes to better meet the consumer’s service needs and to ensure a safe environment for any person using the facilities as well as to inform the consumer about the YMCA program in which they are registered, to complete payment transactions and to satisfy regulatory obligations.
4.3 Only authorized employees have access to the consumer’s personal information. The consumer’s personal information is stored in the YMCA’s secure computer system. Subject to legal restriction, the consumer has the right to access his file and update their personal information by sending a written request to the YMCA. Except as permitted by law, no personal information will be released to unrelated third parties without the consumer’s prior written consent.
4.4 The consumer may consent to provide their email address to the YMCA as a means for communication between parties. This consent authorizes the YMCA to use the consumer’s email address to send them any information about the services they have requested, to inform them about other YMCA programs, services and opportunities that may interest and benefit them as well as to obtain their opinion on the quality of services provided by the YMCA. Should the consumer no longer wish to be contacted by email, they must advise the YMCA.
4.5 With regard to how personal information collected on the YMCA websites and social media is stored, used and disclosed, please consult the YMCA’s privacy policy at https://www.ymcaquebec.org/en/Privacy-Policy.
5. SALES TAX
5.1 The amount of the payments under this contract will be automatically adjusted during the term of this contract to take into account any increase or reduction in provincial and/or federal sales taxes that are applicable at the time of payment.
5.2 The consumer agrees to pay the YMCA any applicable provincial or federal sales taxes at the time of the payment and, if these payments are made through pre-authorised debits, they also authorise the YMCA to collect any applicable sales taxes directly through these pre-authorised payments.
6 CANCELLATION TERMS
Clause required under the Consumer Protection Act.
Membership (Contract entered into by a merchant who operates a physical fitness studio)
“The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached hereto or another notice in writing for that purpose to the merchant.
If the merchant has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1/10 of the duration prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract.
The contract is cancelled, without further formality, upon the sending of the form or notice.
Cancellation form (Consumer Protection Act, s. 199)
To: The YMCAs of Québec, 1435 Drummond Street, 4th floor, Montréal, Qc, H3G 1W4
Date: ____________________________________
(Date of sending this form)
By virtue of section 204 of the Consumer Protection Act, I cancel the contract # ________________
Made: ____________________________________
(Date when the contract was made)
At: ____________________________________
(Place where the contract was made)
Name of consumer: ____________________________________
Signature of consumer: ____________________________________
Address of consumer:
_______________________________________________________________________________________
Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the money he owes him.
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.”
7 GENERAL
7.1 The consumer acknowledges that the rights conferred to them under this contract cannot be assigned or transferred.
7.2 The consumer has viewed and agrees, and agrees to have their guests and participating family members read and understand, the limitation of liability provisions provided herein and the YMCA rules and code of conduct (which are available online at https://www.ymcaquebec.org/en/Become-a-Member/Member-Guide/Code-of-Conduct and at the YMCA centres). Failure to comply with the rules by the consumer and/or their guests and/or their family members could be a reason to terminate the subscription or participation in an activity.
7.3 The parties have agreed that this contract be drafted in English.
I authorize the YMCA to collect payments according to the transaction method and date(s) described above. I understand that the settlement of direct debit payments can take up to 7 working days.
(These conditions are an integral part of the contract)
1. TERM AND PAYMENT
1.1 The term of the contract takes effect from the date on which the service begins.
1.2 The consumer agrees and undertakes to pay when due any amount owed to The YMCAs of Québec (hereafter the "YMCA") and to fulfill their scheduled transaction payment obligations as indicated in the “Payment Terms and Conditions” section of this contract.
1.3 The consumer agrees to notify the YMCA of any change that may occur in their mode of payment which could result in the inability of the YMCA to process the payment at least 7 days before the next payment due date (e.g. closure or change of a bank or credit card account, new expiration date for a credit card).
1.4 Penalties for declined payments: cheques that are returned or payments that are declined for whatever reason are subject to the payment of the costs incurred by the YMCA.
2. SALES TAX
2.1 The amount of the payments under this contract will be automatically adjusted during the term of this contract to take into account any increase or reduction in provincial and/or federal sales taxes that are applicable at the time of payment.
2.2 The consumer agrees to pay the YMCA any applicable provincial or federal sales taxes at the time of the payment and, if these payments are made through pre-authorised debits, they also authorise the YMCA to collect any applicable sales taxes directly through these pre-authorised payments.
3. GENERAL
3.1 The consumer acknowledges that the rights conferred to them under this contract cannot be assigned or transferred.
3.2 The parties have agreed that this contract be drafted in English.
I authorize the YMCA to collect payments according to the transaction method and date(s) described above. I understand that the settlement of direct debit payments can take up to 7 working days.
1. TERM AND PAYMENT
1.1 The term of the contract takes effect from the date on which the activity begins.
1.2 The consumer agrees and undertakes to pay when due any amount owed to The YMCAs of Québec (hereafter the "YMCA") and to fulfill their scheduled transaction payment obligations as indicated in the “Payment Terms and Conditions” section of this contract.
1.3 The consumer agrees to notify the YMCA of any change that may occur in their mode of payment which could result in the inability of the YMCA to process the payment according to the terms and conditions of payment as indicated in section “Payment Terms and Conditions” of this contract at least 7 days before the next payment date (e.g. closure or change of a bank or credit card account, new expiration date for a credit card).
1.4 Penalties for declined payments: cheques that are returned or payments that are declined for whatever reason are subject to the payment of the costs incurred by the YMCA.
2. FACILITY AND EQUIPMENT MAINTENANCE
2.1 The YMCA agrees to maintain its facilities and equipment to ensure a safe environment for everyone. This may result in temporary interruptions in service or access to specific areas or equipment within a centre, such as the pool. Fees will not be adjusted as a result of maintenance, repair or renovation work carried out by the YMCA.
3. LIMITATION OF LIABILITY
3.1 While the YMCAs of Québec’s employees, volunteers, instructors, and subcontractors make every effort to minimize exposure to possible risks, the YMCA advises its users and their guests to consult their physician before participating in its programs or using its fitness equipment and facilities. The user, their guests, and participating members of their family understand and accept that, by registering in a YMCA program and/or using YMCA fitness equipment or facilities, they are doing so voluntarily and at their own risk, subject to the terms of this contract.
3.2 The YMCA will not be held responsible for any material damages arising from the use of its equipment or other facilities, nor sustained during the activities of the consumer and their guests, unless these are a result of the personal actions of the YMCA or one of its representatives.
3.3 The consumer assumes the full responsibility for any damages and hereby fully acquits and releases the YMCA and its managers, administrators, agents, employees, instructors, volunteers and other representatives of the YMCA from all present and future suits, claims, demands, actions or causes of actions arising from the use of its equipment or other facilities, except where the damage is the result of the personal actions of the YMCA or one of its representatives.
3.4 The YMCA is not responsible for the destruction or damage of the property of the consumer or of property in the possession of the consumer, or for the lost or theft of this property, except where the destruction, damage, loss or theft of this property is a result of the personal actions of the YMCA or one of its representatives.
4. HANDLING PERSONAL INFORMATION
4.1 The YMCA is committed to protecting the consumer’s personal information by adhering to the following responsible information handling practices. The YMCA collects personal information about the consumer (including, but not limited to first and last name, gender, mailing address, email address and age) required to manage effectively the requested services.
4.2 Among other things, the YMCA collects personal data for statistical purposes to better meet the consumer’s service needs and to ensure a safe environment for any person using the facilities as well as to inform the consumer about the YMCA program in which they are registered, to complete payment transactions and to satisfy regulatory obligations.
4.3 Only authorized employees have access to the consumer’s personal information. The consumer’s personal information is stored in the YMCA’s secure computer system. Subject to legal restriction, the consumer has the right to access their file and update their personal information by sending a written request to the YMCA. Except as permitted by law, no personal information will be released to unrelated third parties without the consumer’s prior written consent.
4.4 The consumer may consent to provide their email address to the YMCA as a means for communication between parties. This consent authorizes the YMCA to use the consumer’s email address to send them any information about the services they have requested, to inform them about other YMCA programs, services and opportunities that may interest and benefit them as well as to obtain their opinion on the quality of services provided by the YMCA. Should the consumer no longer wish to be contacted by email, they must advise the YMCA.
4.5 With regard to how personal information collected on the YMCA websites and social media is stored, used and disclosed, please consult the YMCA’s privacy policy at https://www.ymcaquebec.org/en/Privacy-Policy.
5. SALES TAX
5.1 The amount of the payments under this contract will be automatically adjusted during the term of this contract to take into account any increase or reduction in provincial and/or federal sales taxes that are applicable at the time of payment.
5.2 The consumer agrees to pay the YMCA any applicable provincial or federal sales taxes at the time of the payment and, if these payments are made through pre-authorised debits, they authorise the YMCA to collect any applicable sales taxes directly through these pre-authorised payments.
6. CANCELLATION TERMS
Clause required under the Consumer Protection Act.
(Service contract involving sequential performance for instruction, training or assistance)
The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.
This contract is cancelled, without further formality, upon the sending of the form or notice.
If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.
If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:
(a) the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and
(b) a penalty corresponding to the lesser of the following two sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered him.
Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”
Cancellation form (Consumer Protection Act, s. 199)
To: The YMCAs of Québec, 1435 Drummond Street, 4th floor, Montréal, Qc, H3G 1W4
Date: ____________________________________________________________
(Date of sending this form)
By virtue of section 204 of the Consumer Protection Act, I cancel the contract # ________________
Made : ____________________________________
(Date when the contract was made)
At: _________________________________
(Place where the contract was made)
(Name of consumer)_____________________________________
(Signature of consumer)_____________________________________
(Address of consumer)
_______________________________________________________________________________________
7. GENERAL
7.1 The consumer acknowledges that the rights conferred to them under this contract cannot be assigned or transferred.
7.2 The consumer has viewed and agrees, and agrees to have their guests and participating family members read and understand, the limitation of liability provisions provided herein and the YMCA rules and code of conduct (which are available online at https://www.ymcaquebec.org/en/Become-a-Member/Member-Guide/Code-of-Conduct and at the YMCA centres). Failure to comply with the rules by the consumer and/or their guests and/or their family members could be a reason to terminate the subscription or participation in an activity.
7.3 The parties have agreed that this contract be drafted in English.
I authorize the YMCA to collect payments according to the transaction method and date(s) described above. I understand that the settlement of direct debit payments can take up to 7 working days.