WAKAW FITNESS CENTRE: MASTER MEMBERSHIP AGREEMENT AND WAIVER OF LIABILITY

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT.

This Agreement encompasses both the Terms and Conditions of Membership and the General Waiver and Release of Liability. It is entered into by the undersigned member, participant, or legal guardian (the “Member” or “Releasor”), in favor of the Wakaw Fitness Centre, including its board members, directors, employees, volunteers, agents, and representatives (collectively referred to as the “Centre” or “Releasees”).

PART I: TERMS AND CONDITIONS OF MEMBERSHIP

1. AMENDMENTS TO TERMS AND CONDITIONS The Wakaw Fitness Centre reserves the right to amend, modify, or update these Terms and Conditions at any time, at its sole discretion. By retaining an active membership and continuing to access the facilities following any such amendments, the Member explicitly acknowledges, accepts, and agrees to be legally bound by the revised Terms and Conditions.

2. RIGHT OF REFUSAL, NON-RENEWAL, AND TERMINATION OF MEMBERSHIP The Centre reserves the right, at its sole and absolute discretion, to deny any initial application for membership, refuse the renewal of an existing membership, or immediately cancel and terminate an active membership. The Centre may exercise this right for the purpose of preserving a harmonious and safe environment within the premises, or in circumstances where the Centre deems such action to be in the best interests of the facility, the general membership body, or the Board of Directors.

Notwithstanding the foregoing, the Centre expressly agrees that this discretionary authority shall not be exercised in a discriminatory manner, nor shall any membership be denied, unrenewed, or cancelled on any grounds that are contrary to or in violation of the equality rights guaranteed under Section 15 of the Canadian Charter of Rights and Freedoms.

3. GENERAL PROVISIONS AND FACILITY ACCESS

• Access Credentials: Keyfobs and mobile access credentials are strictly personal to the registered Member and are non-transferable under any circumstances.

• Processing Times: Membership processing requires 24 to 48 hours. Members will be notified via email upon activation of access. Payments remitted via e-transfer require up to five (5) business days for clearance. Keyfob programming requires up to seven (7) business days.

• Group Entry: When entering the facility with other individuals, every Member must independently authenticate their entry by scanning their personal keyfob or mobile device at the door reader. Failure to individually check in constitutes grounds for immediate membership cancellation.

• Authorized Access & Guests: Facility access is strictly limited to active, registered Members. Members are expressly prohibited from granting access to non-members or “guests,” including for brief viewings or tours. Violation of this provision will result in immediate membership suspension.

• Age Restriction: Pursuant to regulations imposed by the Town of Wakaw, individuals under sixteen (16) years of age are ineligible for membership.

• Hygiene Requirements: Members must thoroughly sanitize all equipment before and after each use, ensuring the removal of sweat and respiratory droplets from all surfaces.

• Food, Smoking and Beverages: The consumption of food and beverages in the facilities is strictly prohibited, except for water and sports beverages in sealed, spill-proof containers. All types of smoking and/or vaping are strictly prohibited inside the facilities.

• Breach of Terms: Any violation of these General Provisions or any guidelines set forth herein will result in the immediate termination of membership without refund.

4. EQUIPMENT USAGE

• Storage: All weights, dumbbells, and plates must be returned to their designated racks and shelves immediately following use and sanitation.

• Reporting: Members are requested to report any equipment malfunction, damage, or hazard promptly by emailing gym@wakawfitness.ca.

• Sanitation: All equipment must be cleaned prior to and immediately after use.

5. MUSIC AND NOISE ETIQUETTE

• Volume Control: To maintain a respectful environment for all building occupants, speaker volumes must be kept at a reasonable and moderate level. This requirement applies even when a Member believes they are alone in the facility.

• Headphones: Members who wish to listen to audio at elevated volumes must use personal headphones.

• Circuit Area: The use of external speakers is strictly and expressly prohibited in the circuit area at all times.

6. ATTIRE AND FOOTWEAR

• Appropriate Dress: Proper athletic attire is mandatory for the use of the facilities.

• Footwear Requirements: Athletic shoes are mandatory at all times. The use of the facilities in bare feet or stocking feet is strictly prohibited.

• Punching Bag: Members using the punching bag must wear appropriate protective gloves and footwear.

7. PERSONAL BELONGINGS AND LOCKERS

• Assumption of Risk: Members assume full responsibility for all personal belongings brought onto the premises.

• Locker Rentals: Lockers are available for rental. The unauthorized use of unassigned or unrented lockers is prohibited.

• Abandoned Property: Any personal belongings left unattended outside of a designated locker will be subject to periodic removal and disposal by facility management.

8. PRIVACY POLICY AND SURVEILLANCE

• Data Protection: The Centre shall not sell, distribute, or share Member information with third parties for commercial purposes.

• Legal Disclosure: Member information will only be disclosed to authorities upon receipt of a valid legal subpoena.

• Public Health Exception: The Centre reserves the right to disclose Member information to Health Authorities without a court order to cooperate with official investigations pertaining to sanitary or public health risks.

• CCTV Surveillance: Security cameras are operational throughout the premises and within various facility rooms. Footage will be reviewed exclusively during formal investigations or if necessitated by a complaint or incident. Entrance and exit camera footage is subject to daily examination.

• Restricted Areas: Cameras are strictly prohibited inside restrooms and changing rooms. Furthermore, all photography and videography by Members are unequivocally prohibited in these areas.

9. LIMITATION OF LIABILITY

• Assumption of Health Risks: Members acknowledge that they utilize the facilities at their own risk and warrant that they are aware of their personal health conditions and physical limitations.

• Waiver of Liability: The Wakaw Fitness Centre, including its Board of Directors, employees, and volunteers, shall bear no responsibility or liability for any personal injury, death, or property damage sustained while utilizing the facilities or equipment.

• Municipal Liability: Members acknowledge that, due to recent statutory changes imposed by the Town of Wakaw, the Town may be liable for incidents occurring within its municipally owned facilities.

PART II: GENERAL WAIVER AND RELEASE OF LIABILITY

1. ASSUMPTION OF RISK AND REPRESENTATION OF HEALTH The Releasor acknowledges and understands that the use of the Wakaw Fitness Centre facilities, premises, and equipment involves inherent risks. The Releasor expressly agrees that all use of the facilities and equipment is undertaken at their own, sole risk. Furthermore, the Releasor represents that they are fully mindful of their personal health conditions, physical limitations, and medical history, and confirms that they are physically capable of participating in fitness activities without causing harm to themselves or others.

2. WAIVER AND RELEASE OF LIABILITY FOR INJURY OR DEATH In consideration for being permitted access to the Wakaw Fitness Centre, the Releasor hereby fully and forever releases, discharges, and agrees to hold harmless the Releasees (including all board members, employees, and volunteers) from any and all liability, claims, demands, or causes of action of any kind. This includes, without limitation, absolute release from liability for any personal injury, severe harm, or fatality that may arise as a result of the Releasor utilizing the facilities, premises, or equipment.

3. GUARDIAN AUTHORIZATION AND LIABILITY FOR MINORS In the event that the Releasor is a Parent or Legal Guardian authorizing a minor to access and utilize the Wakaw Fitness Centre facilities, the Releasor accepts absolute responsibility for the overall well-being of said minor. The Releasor expressly assumes full and complete liability for any personal injury, harm, or death that may occur to the minor as a result of the minor’s use of the facilities or equipment.

4. RELEASE OF LIABILITY FOR PERSONAL PROPERTY The Releasor acknowledges and agrees that the Wakaw Fitness Centre, its board members, employees, and volunteers shall not be held liable or responsible for the loss, theft, or damage of any personal objects, belongings, or valuables left, stored, or abandoned in or around the facilities.

PART III: ACKNOWLEDGMENT AND SIGNATURE

By signing below, I certify that I have thoroughly read this Master Membership Agreement, Terms and Conditions, and General Waiver and Release of Liability, fully understand all of its terms, and recognize that I am voluntarily relinquishing substantial legal rights, including the right to sue the Wakaw Fitness Centre or its representatives. I explicitly acknowledge, accept, and agree to be legally bound by all provisions set forth herein.