MEMBERSHIP TERMS AND CONDITIONS

PLEASE READ THIS AGREEMENT CAREFULLY

 1. About this Agreement: (the “Agreement”). The user is referred to as “you” or “the Member” and the Toronto Pan Am Sports Centre is referred to as “us”, “we”, “our”, “supplier” or “the Centre”. This agreement is legally enforceable. There are terms and conditions below. Please read everything carefully. This contract is subject to the Consumer Protection Act, 2002 (Ontario). Any waiver or limitation of your rights in this Agreement applied only to the extent permitted by the Consumer Protection Act.

2. Our responsibilities: By signing this Agreement, subject to the terms and conditions set out in this Agreement we accept you as a member at our health and fitness facility.

3. Pre-Authorized Payment Agreement: Payer listed below (“Payer”) agrees to pay the fees every month/year (as applicable, or on next business day) and authorizes the Centre to present transactions for payment against Payer’s account or credit card. Payer agrees that the Centre’s treatment of each payment and our rights to it, shall be the same as if it were personally signed by Payer if more than one. The pre-authorized payment shall be drawn on Payer’s account or credit card to cover all fees including membership fees. Payer may revoke this authorization at any time subject to providing the Centre not less than thirty (30) days written notice. Payer is responsible for payment of all fees after the effective date of Agreement. Payer has certain recourse rights if any debit or credit does not comply with this Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca.

4. Types of Member Use: This agreement covers multiple types of member use at the facility. Member Use type is listed under “Contract Details”. All memberships are considered Annual Memberships except 30-Day Flex Pass, Day Pass, 7-Day Trial Pass, and 10 or 12-Visit Flex Pass.  All memberships are non-transferable (unless explicitly stated below) and the member must present government issued photo ID upon registration.

5. Term and Renewal:

 a. Annual Membership – This membership commences and expires on dates listed above in “Contract Details”.  On the expiry date, this agreement renews as an annual contract until it is cancelled by the Member or by the Centre.

 b. 30-Day Flex Pass – This membership commences on the date of purchase and allows access for 30 consecutive days. This membership does not automatically renew and requires full payment in advance. There are no holds or cancellations.

 c. Day Pass – This membership is only for use on day of purchase. The day pass wristband with appropriate date must be worn at all times to access the Centre’s program areas. Failure to have a wristband can, and will, result in denial to participate in programs.

 d. 7-Day Pass – This membership commences on the date of purchase and allows access for 7 consecutive days.

 e. 10 or 12-Visit Flex Pass – This membership allows access to the facility for 10 or 12 individual days. It expires 2 years from the purchase date. This membership is transferable and requires registration for every use. All users of these flex passes must present government issued photo ID and receive an appropriately dated day pass wristband to access the Centre. No refunds will be issued for unused or partially used cards. Cards will not be replaced if lost, stolen or destroyed.

6. Assumption of Risk: “The Member” is responsible for determining if he/she has the appropriate fitness level to participate in any activity at the Centre. “The Member” is encouraged to consult with a healthcare provider before participating in any physical activity. All participants assume their own risk when using Toronto Pan Am Sports Centre facilities and programs.

ANNUAL MEMBERSHIPS ONLY

7. Cancellation of this Agreement: In addition to your rights under the Consumer Protection Act, 2002, after fulfilling your minimum one-year commitment, this Agreement may be cancelled by giving us notice, in writing, by any means which allows you to provide the date on which you gave notice, 14 days in advance of the scheduled cancellation. Each member is responsible for cancellation of his/her own specific Agreement. A fee of $99 plus applicable taxes will apply to cancel within the first year of this Agreement.

8. Membership Holds: If you cannot use the facility for a valid medical reason (doctor’s note required) we will put a hold on your membership for up to 6 months. You must visit the facility and complete a Membership Adjustment Form 14 days in advance of your scheduled hold. For reason not listed above, a hold can be placed on your membership for up to 6 months. In cases where the reason is not medical, an administration fee of $10 plus applicable taxes will apply per month. Phone, fax, email or verbal holds are not accepted.

9. Fees: You agree to pay us all sums, fees and charges specified in this Agreement (“Contract Details”) when due, irrespective of the amount of use you make of the facility. Fees are subject to change and any changes will take effect on “the Member’s” annual renewal date. The Centre will provide written notice prior to any fee changes by mail or e-mail to the last address provided by you to us. “The Member” understands and agrees that “the Member’s” bank account or credit card will be debited on or around the day of your renewal each month until you cancel your membership in person two weeks before the next payment date. The Centre reserves the right to terminate membership privileges, without refund, for an account overdue more than 60 days, or for failure to comply with terms and conditions including the Etiquette Statement (below).

10. Renewal: Upon renewal you may terminate on one month’s notice subject to the Toronto Pan Am Sports Centre cancellation policy (above). At least 30 days, but not more than 90 days, before the expiry date, we will deliver a written renewal notice to you at the last mailing or e-mail address provided to us. The renewal notice will contain the following information:

I. The date of the proposed renewal of this Agreement.

II. A statement that under the Consumer Protection Act, 2002 we are required to deliver the notice to you in the manner specified in this Agreement.

III. Our permanent address and information respecting other ways, if any, in which we can be contacted by you.

IV. That this Agreement will extend or renew the existing Agreement.

V. On renewal, the Centre may continue to charge the Payer’s account or credit card as set out in the “Contract Details” section for all fees, including ongoing membership fees.

ALL MEMBERSHIP TYPES

11. Returned Payments: If a payment does not clear “the Member’s” bank account or credit card is not approved to cover payment, “the Member” is solely responsible for paying all fees, service charges and a $25 NSF fee levied by the Centre. Payment not clearing “the Member’s” bank account will be attempted weekly until processed. Any financial penalties levied against “the Member” by their financial institution is the sole responsibility of “the Member”. If subsequent payments do not clear “the Member’s” bank account or credit card, additional NSF fees will be accumulated and “the Member” will pay in full the amount owed to the Centre within 14 days and understand that the Agreement may be cancelled with no refund due to the missed payments.

12. General Term and Conditions: As a Toronto Pan Am Sports Centre member you understand and agree to the following:

I. The Toronto Pan Am Sports Centre membership is not transferable and cannot be loaned to another individual (except the 10 or 12-Visit Flex Pass).

II. “The Member” will notify the Centre of any changes in personal information if required.

III. Lost membership cards will be replaced at a fee of $10 per card.

IV. Parking cards cost a one-time fee of $10+HST in addition to the monthly charge if applicable.

13. Etiquette Statement: The Centre is a shared environment that requires interactions to be carried out with respect and consideration for others. The Centre reserves the right to suspend or cancel membership for inappropriate behaviour or failure to comply with membership and building policies. The Centre reserves the right to refuse entry to the facility for those who fail to abide by the above-noted statement.

14. Limitation of Liability: The user will indemnify the Toronto Pan Am Sports Centre and save them harmless, and release the Centre and each of its elected officials, the Toronto Pan Am Sports Centre Inc. Board members, employees, officers, servants and agents, from and against all actions, suits, claims, executions, proceedings, demands, which may be brought or made upon the Centre, in respect of any costs (including reasonable legal fees), expenses, loss, damage or injury (including death), occasioned wholly or in part by any negligence or acts or omissions by the user, their officers, agents, employees, volunteers or others for whom they are responsible at law, arising out of any cause whatsoever, either direct or indirect, through its use of the facility, or in connection with this Membership Agreement.

15. The Toronto Pan Am Sports Centre respects your privacy. Please see www.tpasc.ca/privacy to read our full privacy policy.

You agree that if, despite the following of the best practices by the Centre, the foregoing commitment is breached, there will be no claim or right to any damages or reimbursement on the account of any loss, damage or expense whatsoever.

The Toronto Pan Am Sports Centre Participant Authorization to use name, likeliness and voice:  In consideration for being allowed to participate in any events at the Centre, you hereby authorize, license, permit and grant to the Toronto Pan Am Sports Centre, the City of Toronto, and the University of Toronto Scarborough (UTSC), their partners (including, but not limited to, any television broadcast partner), assigns, successors, other individuals, entities, sponsors, sponsoring agencies, advertisers, governors, officers, employees, agents and  representatives (collectively, the “Authorized Parties”), the right to use, reproduce, print, publish or disseminate in all manners and media now known or subsequently developed, in all broadcast, promotion, advertising, information, press releases and press conferences or announcements for the Centre, your name, likeness and voice, but not as a direct endorsement of any product or service. You understand the Authorized Parties have no obligation to use your rights of publicity in any materials. You, for yourself and on behalf of your heirs, assigns and next of kin, hereby release, indemnify and hold harmless the Authorized Parties with respect to any and all injury, loss, damage, claim or action arising out of this authorization, whether from the negligence of any or all of the Authorized Parties or otherwise (including from the Authorized Parties’ use of my rights of publicity), to the fullest extent permitted by law.

Toronto Pan Am Sports Centre – Facility Participant

WAIVER AND RELEASE OF LIABILITY

By signing this form you will waive certain legal rights, including the right to sue. Please read carefully!

This is a binding legal agreement. As a Participant in the programs, activities and events of the Toronto Pan Am Sports Centre, the undersigned acknowledges and agrees to the following terms.

1. Indemnification and Hold Harmless Clause

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against TPASC Inc., and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, representatives and assigns (all of whom are hereinafter collectively referred to as "the Releasees"), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence on the facilities or travel due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 on the part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of the activities I choose to partake in

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees", and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from any bacterial and/or viral infection and resultant disease or sickness which I may contract (including but not limited to SARS-CoV-2(COVID-19)) either by my use of or my presence on the facilities or travel due to any cause whatsoever, including, but not limited to negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from, but not limited to, any failure or negligence on the part of the Releasees to clean and disinfect or monitor the cleaning and disinfecting of the facilities and the equipment including, but not being limited to ropes, carabiners, quick draws, bolt hangers, and all anchors, or the breach of any statutory or other duty of care by the Releasees, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 and also including the failure on the part of the Releasees to safeguard or protect me from contracting any bacterial and/or viral infection (including but not limited to SARS-CoV-2(COVID-19));

2. Property Brought into Facility

TORONTO PAN AM SPORTS CENTRE is not responsible for any property or items brought into or onto the Facility at any time.

3. Smoking 

TORONTO PAN AM SPORTS CENTRE is a smoke free area, smoking anywhere on TORONTO PAN AM SPORTS CENTRE property is STRICTLY PROHIBITED.

4. Incident Reporting Requirement

Following an incident or accident, an “Incident Report Form” must be completed with the aid of TORONTO PAN AM SPORTS CENTRE staff. An “Incident Report Form” is required if medical or first aid attention is required OR if loss or damage to TORONTO PAN AM SPORTS CENTRE property occurs.

5. Payment for Damages

The User shall pay for all damages to TORONTO PAN AM SPORTS CENTRE property arising from the use of the Facility where the User or those in attendance in connection with this User Agreement is deemed responsible for such damage.

6. Alcohol

The facility of TORONTO PAN AM SPORTS CENTRE is a licensed facility. No alcohol shall be brought in from outside sources or consumed in locker/change rooms.

7. TORONTO PAN AM SPORTS CENTRE Privacy Policy

TORONTO PAN AM SPORTS CENTRE is committed to protecting the personal information of all users by following best practices. The collection of personal information will be gathered to better serve our clientele and to also ensure the safety of all TORONTO PAN AM SPORTS CENTRE users. Information gathering will relate to registration and payment, program delivery, and to fulfill regulatory obligations.

The user agrees that if, despite the following of the best practices by TORONTO PAN AM SPORTS CENTRE, the foregoing commitment is breached, there will be no claim or right to any damages or reimbursement on the account of any loss, damage, or expense whatsoever.

8. Adherence to Laws

The User shall abide by all City of Toronto By-laws and all applicable legislation and regulations of the province of Ontario as they pertain to the use of the Facility

9. Laws of Ontario

The validity and interpretation of this User Agreement and of each clause and part hereof, shall be governed by the Laws of Ontario.