Burlington Training Centre:

Member Terms & Agreement

MONTH TO MONTH AGREEMENT: The member agrees to make monthly payments according to the terms of this agreement. This agreement may be cancelled at any time with a 30 day written notice after the first 30 days of membership is completed. The member will be required to make payments that are due within the 30 day notice.

AUTOMATIC 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 for the rate indicated below. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to the club’s address. It is also understood that the club has the option to increase monthly renewal dues without notice.

Member Acknowledgements: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Member agrees that Burlington Training Centre and ABC Global Services, a corporation located in Nova Scotia, including its agents and affiliates and assigns, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Burlington Training Centre and/or ABC Global Services (or its affiliates and assigns, as applicable) for purposes of providing information about the club and events held at the club, providing information about services or products offered by the club, facilitating membership relationship and processing payments and amounts otherwise owed to the club. Some affiliates of ABC Global Services are located in the United States and as such the information you provide may be collected, used and/or stored in the United States and subject to the laws of the United States which may differ from the laws of Canada, including different access rights by United States government authorities to information. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees and disbursements. A default occurs when any payment due under this agreement is more than ten 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 MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Global Services, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees, subject to appropriate Provincial/Territorial and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.

Club Enhancement Fee Amount: $49.00. The purpose of the annual Club Enhancement Fee is to maintain and improve the equipment and services provided for the facilities. This fee will be collected on the same date of each year thereafter.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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. THE MEMBER ACKNOWLEDGES THAT HE OR SHE IS ALSO SUBJECT TO THE GENERAL TERMS AND CONDITIONS WHICH ARE ATTACHED TO THIS TOP PAGE. THE MEMBER MAY CANCEL THIS CONTRACT BY PROVIDING WRITTEN NOTICE TO THE CLUB WITHIN THE FIRST 10 DAYS OF THE TERM OF THIS CONTRACT, OR IF THERE IS A MATERIAL CHANGE IN THE MEMBER’S CIRCUMSTANCES OR IN THE SERVICES PROVIDED BY THE CLUB.

THE GENERAL RULES: Member agrees to abide by all rules and regulations of Burlington Training Centre as it appears on this agreement now in effect or to become effective on any future date. All signs posted at Burlington Training Centre or premises shall be considered a part of the rules and regulations. Members are to always check in at front desk upon arrival at Burlington Training Centre.

1. Members are expected to leave the premises by closing time.

2. No loud or abusive language permitted.

3. No alcohol, smoking, or drugs are allowed on the premises.

4. The sale, distribution, or promotion of prescription or non-prescription drugs will result in the immediate revocation of membership.

5. No personal notice,advertising, or other literature, either posted or for distribution is allowed. Except with the permission of management.

6. Members must have respect for the trainers and instructors, Membership can be revoked for disrespectful behavior.

7. All equipment must be properly put back in its place after use.

8. All Parents must keep their children supervised at ALL times. Children may not go onto mats, rings and/or any other training areas. Please keep child seated at all times.

9. Uniform Policy: Martial Arts students are required to use and wear BTC equipment and uniforms. Martial Arts Striking Kits will include gloves, headgear, shin guards, shorts & hand wraps. Martial Arts Grappling Kits will include a Gi and a mouth guard. Martial Arts Tiny Titan Kits will include a t-shirt, gloves, and a Gi.

PHYSICAL CONDITION: THE MEMBER REPRESENTS THAT HE/SHE IS IN GOOD CONDITION AND HAS NO MEDICAL REASONS, IMPAIRMENTS, OR DISABILITY THAT MIGHT PREVENT HIM/HER FROM USING ALL BURLINGTON TRAINING CENTRE FACILITIES. THE MEMBER ACKNOWLEDGES THAT BURLINGTON TRAINING CENTRE DID NOT GIVE HIM/HER ANY MEDICAL ADVICE BEFORE JOINING WHICH MIGHT RELATE TO A MEMBER’S PHYSICAL CONDITION OR THE ABILITY TO USE BURLINGTON TRAINING CENTRE FACILITIES. IF THE MEMBER HAS ANY HEALTH CONCERNS NOW OR AFTER JOINING, HE/SHE SHOULD DISCUSS THEM WITH A PHYSICIAN BEFORE USING BURLINGTON TRAINING CENTRE FACILITIES. IF YOU SHOULD HAVE ANY TYPES OF INFECTION, MEMBER MAY BE ASKED TO LEAVE GYM PREMISES AND MUST RETURN WITH A DOCTORS NOTE.

AMBULANCE LIABILITY: If, For any reason any of our employees believe that an ambulance is needed after following the Burlington Training Centre’s injury policies and procedures, and the member (or family member accompanying) is transported by the emergency service, Burlington Training Centre and its employees are not held responsible for the ambulance bill.

APPEARANCE RELEASE AND CONSENT: Burlington Training Centre may tape and photograph inside the training center, and may record audio and conversations, in connection with your Appearance inside the Burlington Training Centre and its authorized licensees and assigns shall be the sole and exclusive owner of the results and proceeds of such taping, photography and recording with the perpetual right throughout the universe to copyright, use and license others to use, in any and all media, all or any portion thereof, or of a reproduction thereof, in connection with any Programs. Burlington Training Centre may use and license others to use voice and likeness, including any alterations, derivations and composites thereof, in any and all media to promote, advertise, market, sell, publicize and/or exploit any Programs (collectively, “Promotion”).

LIABILITY FOR PROPERTY: Burlington Training Centre is not liable to you or your guest for articles, including automobiles or their contents that are damaged, lost or stolen while in or about Burlington Training Centre premises. If you or your guest cause any damage to Burlington Training Centre facilities, you are liable to Burlington Training Centre for the cost of repair or replacement.

FINANCIAL: The initial fee, prepaid dues, pre paid membership payments, and any other fees are not refundable. Burlington Training Centre can sell memberships at different rates and terms than your membership. You will not receive a discount on services if they are unavailable on the date specified. A one-time Administration Fee of $39.99 is to be paid for Contract and Youth Memberships. An Annual Fee of $99.00 will be charged for a No Contract membership upon registration and each year herein after. Returned checks & insufficient funds will be charged a bounce/service fee. Past due accounts will be charged a late fee. Above said fees may be charged together. HOLDS: A member may suspend their Contract or Youth Membership for a maximum of three (3) months at no charge. After three (3) months, a member will be charge $20.00 per month for a period of up to one (1) year. The term of suspension will extend the member`s contract obligations by the number of months that the membership was suspended. Member must specify a start and finish date. Early reactivation is permissible. To suspend a membership, the member must complete a suspension form in person at Burlington Training Centre fourteen (14) working days prior to commencement of their suspension.

CANCELLATION/TERMINATION: You, the member, may cancel this agreement without penalty only upon the following conditions: proof of death, disability, or change of personal residence (for example, by an electrical bill) more than 25 km from Burlington Training Centre. To cancel this agreement, the member must complete a cancellation form in club. A member on a month-to-month agreement may cancel with a thirty (30) days notice, and the next payment will be withdrawn and will be considered the member`s final payment. A member still in contract may cancel at any time by paying out the remaining balance of the agreement in full. For example: If there are three (3) months remaining on a one (1) year term, the member will owe the remaining three (3) months of their dues. Cancellations are not effective unless all past due amounts are paid in full prior thereto. Any payments due prior to cancellation taking effect will still be due and payable. If you become disabled and unable to receive all services contracted due to disability, you shall have an option to extend the duration of the contract for a period equal to the duration of the disability. You agree that in the event you claim disability, you shall submit applicable records which preclude you from using the facilities or services of Burlington Training Centre and the condition is verified by a physician legally authorized to practice medicine. You may cancel your membership and receive a full refund within ten (10) business days of signing this contract by providing a written notice to the Burlington Training Centre in person. You may cancel this agreement within one year after the date of entering into the agreement if you do not receive a copy of the agreement that meets the requirements of Consumer Protection Act section 30. 2002, c.30, Sched. A, s.35 (2). If you cancel this agreement, Burlington Training Centre has fifteen (15) days to refund any payment you have made.

TERMINATION/REVOCATION: Burlington Training Centre may, at its option, terminate the membership if payment has not been made as promised, if the Member fails to follow any Burlington Training Centre policies and rules or violates any part of this Agreement, or if the Member’s conduct is improper or harmful to the best interest of Burlington Training Centre or any other Members. Termination is effective on the date Burlington Training Centre mails a written notice to the Member’s last known address. The Member is liable for all financial obligation to that date. Burlington Training Centre also reserves the right to terminate your membership for any reason not stated in this Agreement or prohibited by law. Member may not be allowed to use Burlington Training Centre facilities after such cancellation.

Burlington Training Centre CLOSURE: Burlington Training Centre may be temporarily closed for the holidays and for periods up to two weeks for maintenance purposes. Should the facilities be unavailable for use at any other time, due to damage by the act of God, catastrophe, accident, or other reason beyond the control of Burlington Training Centre the membership will be extended for a period equal to the time of such unavailability.

E-SIGN Consent. Certain laws and regulations may require Burlington Training Centre and/or ABC Financial Global Services, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Burlington Training Centre and/or ABC Financial Global Services, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Burlington Training Centre and/or ABC Financial Global Services, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Burlington Training Centre and/or ABC Financial Global Services Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Burlington Training Centre and/or ABC Financial Global Services, and to promptly notify Burlington Training Centre and/or ABC Financial Global Services, of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Burlington Training Centre and/or ABC Financial Global Services To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Burlington Training Centre and/or ABC Financial Global Services, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Burlington Training Centre and/or ABC Financial Global Services.

You agree that the CLUB and/or ABC Global Services, or any of their affiliates, may collect, use and disclose any of your personal information for the purpose of the services provided as part of this membership agreement. This information may include, without limitation, information for the purposes of identifying you, assessing your needs, providing your with ongoing services, understanding your financial needs, protecting you from fraud and error, complying with regulatory requirements, and providing you with marketing products and services. YOU THEREFORE CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS AGREEMENT AND AS PERMITTED OR REQUIRED BY LAW. YOU FURTHER CONSENT TO THE CLUB AND/OR ABC GLOBAL SERVICES, OR ANY OF THEIR AFFILIATES ESTABLISHING AND MAINTAINING A FILE OF YOUR PERSONAL INFORMATION. Finally, you agree that the CLUB and/or ABC Global Services, or any of their affiliates may disclose your personal information including file information to program partners or our agents as is reasonably required for those partners to provide services and/or benefits to you under those programs, but that you can withdraw such consent at any time.

ENTIRE AGREEMENT CLAUSE: The member acknowledges that neither Burlington Training Centre nor anyone else has made any representations or promises upon which he/she relied that are not stated in this Agreement. This document contains the entire Agreement between the Member and Burlington Training Centre and replaces any other written Agreement. If a court of law declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue to be unaffected. If Burlington Training Centre does not enforce any right in this Agreement for any reason, Burlington Training Centre does not waive its right to enforce it later.

Buyer and/or Member agrees to all the terms and conditions of this entire agreement.