HEALTH REPRESENTATIONS AND AGREEMENTS:
RULES AND REGULATIONS:
UNLAWFUL ENTRY TO FACILITY:
MEMBERSHIP SUSPENSION AND CANCELLATION:
Member represents and warrants to Tempus that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Tempus facilities. Member acknowledges that Tempus has not given Member any medical advice before Member joined Tempus and cannot give Member any such advice after Member joins Tempus, whether related to Member's physical condition and ability to use the facilities and services of Tempus or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member's physician or other health professional prior to and while using Tempus facilities.
The hours of operation will be set by Tempus and may be changed at any time in its sole discretion. Tempus is not required to continue any particular programs, facilities, services or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. Tempus expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of Tempus. Membership does not confer on Member any ownership interest in Tempus or any of its property.
Member acknowledges the existence of and the need for rules and regulations governing use of Tempus equipment and facilities and participation in programs and services (the Rules and Regulations). Member acknowledges Member will adhere to the Rules and Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Tempus reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Tempus may cancel Member's membership at any time for breach of the Rules and Regulations or generally undesirable behaviour, as determined by Tempus in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation. Member who enters into this membership agreement is obliged to carry out, as far as is reasonably practicable, his or her obligations under the agreement, abide by the rules of the Facility and follow any reasonable direction of an employee of Tempus.
If Member fails to pay any amount when due under this Agreement, Tempus shall be entitled, at any time in its sole discretion, to suspend or cancel Member's membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Tempus that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount to Tempus when due, Member shall be liable for all costs associated with Debt collection action taken by Tempus, including (yet not limited to) any additional fees attached by debt collection agency, any reasonable attorney's fees and all other expenses.
Member acknowledges and accepts that the facility is under CCTV surveillance. Member also acknowledges the existence of an electronic tailgate system, in which monitors entry to the fitness centre. If a member is found to have allowed entry to a non-member at any time, the member will incur a $50.00 (per offence) penalty fee, to be debited on the date of or before the members next scheduled payment. If finance is unavailable for debit at this time, member will be liable for any fees associated with the collection of this fee.
Member acknowledges and accepts that periodic direct debit billing (IntegraPay) will continue past the minimum term until 14 days after a signed, accepted and counter-signed cancellation form has been received by Tempus. If the minimum term has not yet been fulfilled a cancellation fee will apply. This cancellation fee is equal to the lesser of the following; either a) $300.00 or b) the balance of the minimum term of the contract ($). Member acknowledges that suspension is available for a maximum of 3 months per 12 month period at a cost of $5 per week unless for reasons pertaining to poor health, injury, pregnancy or military deployment, in which the suspension is free of charge. Member acknowledges that time spent in membership suspension is not attributed to the minimum term of the membership and any such time spent suspended is added to the end date of the membership.