Terms and conditions

(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 as indicated on the receipt.
1.2 The consumer agrees and undertakes to pay when due any amount owed to The YMCAs of Québec (herea1er 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 1 day before the next payment due date (e.g. modifications 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. GROUP FITNESS, PRIVATE TRAINING, FACILITY AND EQUIPMENT MAINTENANCE

2.1 The YMCA is committed to providing 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.
2.2 Access to group fitness courses is subject to availability.
2.3 For the private training session included in the OMNY membership, it is one private training session per year and per member, non-refundable or redeemable for cash and non-transferable

3. LIMITATION OF LIABILITY

3.1 The user and their guests 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.
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 and his guests therefore accept all risks inherent in the practice of physical activity and the use of equipment made available to them. 
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 or of property in the possession of the consumer and/or their guests, or for 
the loss of this property.

4. HANDLING PERSONAL INFORMATION

4.1 The YMCA is committed to protect the consumer’s personal information and to respect the laws and regulations applicable to their use. The YMCA collects 
personal information about the consumer and/or their guests (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 consents to provide their personal information, including 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.

For any questions about how we manage your personal data or to exercise your rights
Please contact our responsible officer:
Email Address: confidentialite@ymcaquebec.org
Postal Address: 1435 Drummond St, Montreal, Quebec H3G 1W4

 

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 and federal sales taxes at the time of the payment and, if these payments are made through 
pre-authorized debits, he also authorizes the YMCA to collect any applicable sales taxes directly through these pre-authorized 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 remaining contract value. The contract is cancelled, without further formality, upon the sending of the form or notice. 

After the 36-day period, the consumer may cancel the membership with a $30.00 administrative fee to be charged by the YMCA. The amount of the administrative fee may be changed upon reactivation of the membership.

The consumer may add to their membership (add services) at any time at no charge.

The consumer may change to a lower cost option (remove services); the YMCA will charge an administrative fee of $30.00.

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".

6.1 The membership can be ended at least 1 day before the next invoice date (payment). In the case that next payment is scheduled on the day of the cancellation request, the membership will be cancelled for the following payment.
6.2 If the contract is cancelled after a period equal to 1/10 of the duration of your membership contract, an administrative fee not exceeding $115 will be 
applied to the amount of the credit balance in a case of a refund.
6.3 Joining Fees are not refundable.
6.4 A cheque for a refund will be issued within a maximum of 10 working days.

7 GENERAL

7.1 The consumer acknowledges that the rights conferred to him 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. Failure to comply with the rules by the consumer and/or their guests and/or their family members could be a sufficient reason to terminate the subscription or participation in an activity.
7.3 The consumer acknowledges that it is strictly forbidden to lend his/her membership card to a friend, family member or anyone else. 
7.4 Consumers and participating guests are required to identify themselves with their membership card before accessing the facilities. They also understand that 
they must carry their access card with them at all times. Upon request by YMCA staff, consumers and guests must identify themselves by presenting their access card.
7.5 The parties have agreed that this contract be drafted in English.

I have read and accept the terms and conditions as described in the “General Conditions” document, which is an integral part of this contract. 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.

GENERAL TERMS AND CONDITIONS

1. CANCELLATION POLICY

You may cancel your enrollment to the activity (hereinafter referred to as the "contract") without charge or penalty before we have begun the performance of our principal obligation by sending us a written notice to that effect.

If the YMCA has begun to perform its primary obligation, you must request a refund for the remaining courses as soon as possible.

The refundable amount will be calculated from the date of the written request, not the date the course was dropped. The refund will be made on the remaining portion of the course.

The contract is cancelled, without further formality, upon sending the notice. We will return the sum of the money that we owe you within ten (10) days following the cancellation of the contract.

2. PREREQUISITE CONDITIONS

You agree to respect course pre-requisites and attendance policies. You declare that you are aware that all courses attended will not be refunded. Please refer to section 1 for more information about our cancellation policy.

3. FACILITY AND EQUIPMENT MAINTENANCE

YMCA and its partners are committed to proper maintenance and upkeep of their facilities and equipment which is an important part of ensuring a safe and environment for all to enjoy. This may result in temporary interruptions in service or access to specific areas or equipment. Fee adjustment(s) shall not apply due to maintenance, repair on a site or equipment. In the event the facility is temporarily unavailable, sessions will be postponed to a later date, and you will be informed.

4. LIMITATION OF LIABILITY

You may participate in activities associated with the courses mentioned herein that may present certain health and safety risks. You declare that you are aware of these activities and that you accept their inherent risks. You agree that, by participating in any activity that is subject to the terms of this contract, you are doing so at your own risk and cost. Furthermore, before participating in such activities, you pledge to seek instruction from qualified staff specially appointed for this purpose by the YMCA as well as to seek outside medical advice as to these risks.
The YMCA shall not be held responsible for any damages or injuries arising from your participation in the activities and the use of our equipment, nor sustained during your fitness training. You assume full responsibility for any damages or injuries which you might incur and hereby fully release the YMCA and its managers, administrators, agents, staff, instructors, volunteers, and other YMCA representatives from all present or future suits, claims, demands, actions, or causes of action arising from your participation in the activities.
The YMCA shall not be held responsible for the damage or the destruction of your property or to property in your possession, or for the loss or theft of this property.

5. HANDLING PERSONAL INFORMATION

The YMCA is committed to protecting your personal information by following responsible information handling practices. To better manage the YMCA and its services, we collect personal information, including, but not limited to, first and last name, gender, address, postal code, email address, and age. We collect your personal data for statistical purposes to better meet your service needs and to ensure a safe environment for all participants in the courses or activities as well as to inform you about the YMCA program in which you are registered, to complete payment transactions and to satisfy regulatory obligations. Only authorized staff members have access to your personal information, which is stored in a file under your name. Subject to legal restrictions, you have the right to access your file and update your personal information by sending us a written request. None of your personal information will be disclosed to a third party without your prior written consent, except as permitted by law.
You consent to providing us your email address as a means for us to communicate with you. As such, you authorize the YMCA to use your email address to inform you about the services you have requested, about other YMCA programs, services and opportunities that may interest and benefit you as well as to obtain your opinion on the quality of the services we provide. If you no longer wish to be contacted by email, please send us a written request to that effect.
Please visit: https://www.ymcaquebec.org/en/Privacy-Policy about our privacy policy and how we store, use, and disclose the personal information gathered on our website and our social media pages.

For any questions about how we manage your personal data or to exercise your rights
Please contact our responsible officer:
Email Address: confidentialite@ymcaquebec.org
Postal Address: 1435 Drummond St, Montreal, Quebec H3G 1W4

6. GENERAL RULES

The YMCA is a shared experience for everyone to enjoy. Each of us can make it better for all by being considerate of others. YMCA members, volunteers and staff all pledge to treat one another with respect and dignity, to take care of the centre’s facilities, and to comply with our current rules, under penalty of immediate removal from the premises.

RESPECT
•    Please follow the instructions of the YMCA staff and volunteers.
•    Please use respectful language at all times.
•    Aggressive behaviour, fights, threats, and physical attacks are strictly forbidden.
•    Please return equipment to its rightful place after use.
•    Please arrive on time for group activities.

HYGIENE
•    Please maintain proper hygiene.
•    Food and beverages are not permitted on the course sites, except sport drinks and water in unbreakable and spill-proof bottles (glass containers are forbidden).

SECURITY
You bear the responsibility for keeping your belongings and valuables in a safe place.

GENERAL

You recognize that the rights granted to you herein cannot be relinquished or transferred.
You agree to comply with the YMCA’s current rules. You acknowledge and declare that you have understood these rules prior to accepting the present terms .
 

1. The YMCA agrees to rent to the Lessee the Rented Space specified in the Rental Agreement.
2. The Lessee agrees to pay the rental cost of the Rented Space in full to the YMCA and any applicable taxes at the time of the reservation.
3. The Lessee agrees to use the Rented Space for the purposes of the activity presented to the YMCA.
4. The Lessee agrees to leave the Rented Space in the same condition as it was found.
5. The Lessee will be responsible for any damage to the Rented Space or to a third party caused by the Lessee or their guests.
6. The Lessee acknowledges that they are responsible for the activities that occur during the rental period.
7. The YMCA recommends that the Lessee and their guests consult their physician before participating in any physical activity. The Lessee and their guests understand and accept that, by participating in a physical activity and using fitness equipment or facilities at the YMCA, they are doing so voluntarily and at their own risk.
8. The YMCA will not be held responsible for any material damage resulting from the use of its equipment and facilities. The Lessee and their guests take full responsibility for any damages and hold the YMCA and its representatives harmless for any damages caused to the Lessee or to a third party and to the property of same during the rental period.
9. The YMCA is not responsible for the loss or theft of the property of the Lessee or of their guests.
10. The Lessee may not sublet or loan, in whole or in part, the Rented Space , or assign their lease without prior authorization from the YMCA.
11. The Lessee agrees to ensure that the Lessee and their guests read and accept the terms and conditions of this agreement on the limitation of liability, the regulations and the code of conduct (available online at ymcaquebec.org/code-de-conduite) and the YMCA reserves the right to expel anyone who does not comply with these regulations or engages in inappropriate behaviour.
12. The Lessee agrees to pay for and obtain any license or permit required for their activities, and in particular to pay the fees they owe to SOCAN and to obtain a SOCAN license before playing musical works during the rental period.
13. The consumption of alcoholic beverages or drugs in the Rented Space is prohibited.
14. The Lessee must notify the YMCA of a cancellation at least forty-eight (48) hours prior to start of the reservation, failing which the YMCA will keep the amount paid by the Lessee.
15. The parties will not be responsible for cancellations due to a force majeure.