Facility Membership and Usage - Terms and Conditions
The following terms and conditions govern your membership and use of the facility. Please read these carefully.
APPLICATION AND FEES
1. In order to use the Facility, you must complete the attached application form or provide the attached information directly to an HRM recreational database (the “Application”). Upon your completion of the Application, execution of this Agreement and collection of the Fees (as outlined below) you shall be granted a license to use the Facility (the “Membership”).
2. The amount you will pay for your Membership (the “Fees”) shall be in accordance with the prices for the Facility as set forth in the HRM recreational database and such Fees shall be reflected in your Application. Where there is a conflict between the Fees contained in the HRM recreational database and the Application, the Fees in the HRM recreational database shall prevail. Your method of payment of those Fees shall be in accordance with your selections on the Application. You must notify HRM in writing should you wish to change your method of payment of the Fees.
3. THE FEES MAY BE AMENDED BY HRM FROM TIME TO TIME UPON SIXTY (60) DAYS WRITTEN NOTICE TO YOU.
4. The method of payment you select to pay the Fees may require you to provide HRM with banking information directly into an HRM database, or by other means including the inclusion of a “void” cheque. Further, your method of payment may require you to provide HRM, and HRM’s bank, with permission to debit your account. In such case, you: (a) authorize HRM’s bank to debit your account on behalf of HRM, using such means as a “void” cheque or credit card, and under the terms and conditions agreed to by you with HRM, until such time as written notice to the contrary is given; (b) acknowledge the delivery of your authorization to HRM constitutes delivery by you to HRM’s bank where you maintain an account and that such financial institutions are not required to verify that the payments(s) are drawn in accordance with authorization; (c) agree termination of this authorization does not terminate the Agreement; (d) you warrant that all persons whose signature(s) are required to sign on the account have signed this agreement; and (e) will notify the Facility in writing of any changes to your account information or termination of your authorization at least fifteen (15) business days prior to the next pre-authorized debit; and,
5. HRM may charge you a service charge for any Fee payments returned for any reason, including, but not limited to, insufficient funds or a declined credit card. If such issue occurs, your Membership shall be suspended until your Fees are paid in full. In such case, the term of your Membership shall not be amended. If you pay via pre-authorized debit or credit card, two (2) consecutive failures by HRM to obtain payment (e.g. a returned debit) will result in the immediate termination of your membership.
6. IF YOUR MEMBERSHIP IS A MONTH-TO-MONTH MEMBERSHIP AND PAID BY YOU USING ELECTRONIC FUNDS TRANSFER OR A SIMILAR METHOD OF PAYMENT, OR IF YOU HAVE BEEN SPECIFICALLY ADVISED IN WRITING BY HRM THAT YOUR TYPE OF MEMBERSHIP IS SUBJECT TO THIS SECTION, THEN UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH SECTION 8 OF THIS AGREEMENT, YOUR MEMBERSHIP SHALL AUTOMATICALLY RENEW FOR A PERIOD EQUAL TO THE PERIOD OF THE ORIGINAL MEMBERSHIP AND YOU SHALL BE CHARGED THE FEES IN EFFECT AT THE TIME OF RENEWAL.
7. Subject to Section 8 of this Agreement, your Fees are non-refundable and you agree that HRM has earned the Fee and that notwithstanding any voluntary withdrawal by you from the Membership, your failure to take advantage of the privileges of membership for any reason whatsoever or the cancellation, suspension or termination of your Membership or this Agreement, you shall not be, at any time, entitled to a refund of all or any part of the Fees and you shall remain liable for any part thereof not yet paid.
8. Should you wish to cancel your Membership, you must provide the Facility with fifteen (15) business days written notice prior to your next payment date. This may entail the completion of a form and it is your responsibility to obtain the proper form from the Facility. Cancellations are not permitted by phone. Upon the expiry of the fifteen (15) business day period, your Membership shall be cancelled effective the last day of the month in which the fifteen (15) business day period expired. You shall pay all Fees up to that last day of the term in which the fifteen (15) business day period expired. Should you have pre-paid any Fees that are outstanding after the cancelation in accordance with this section 8, those Fees shall be reimbursed to you. If you have any Fees outstanding at the time of cancellation, HRM shall collect the fees via the payment method you chose upon your Application and, if no valid payment information is on file, HRM shall invoice you for these outstanding amounts.
MEMBERSHIP CARD
9. Upon obtaining Membership, or upon your registration with the HRM recreational database, you shall be provided with a Membership Card (the “Card”). For each time you wish to gain entry to the Facility, you shall present the Card to the Facility’s front desk staff for verification or, where the Facility permits, swipe or insert your Card into a reader. You may also be required to sign in to certain facilities. Failure to present the Card when requested or your failure to provide sufficient identifying information to access your HRM recreational account if you do not have your Card available, may result in you paying a “drop-in fee” or you being refused admission to the Facility. If you lose your Card or it is damaged or stolen, it must be presented to the Facility which will provide you with a new Card and you shall pay a fee as directed by the Facility. YOU AND YOUR USE OF THE FACILITY
10. You must be nineteen (19) years of age or older to complete the Application, execute this Agreement, pay the Fees and obtain Membership. If the person for whom the Membership is applied is under the age of 19, that person’s parent or guardian must complete the Application, execute this Agreement, and arrange for payment of the Fees on behalf of that person and that person may then obtain a Membership. Notwithstanding anything else in this Agreement, users of certain Facilities may be required to be older than a certain age. It is your responsibility to confirm with the Facility the ages that are permitted to use the Facility.
11. You shall comply with all federal, provincial and municipal laws, and all applicable rules and regulations, policies and procedures of HRM that may apply to your use of the Facility.
12. You shall comply with all notices, rules, regulations, guidelines and signage posted in the Facility and/or provided to you as part of your Application.
13. Facility staff may be on site for the duration of your use of the Facility and they are required to perform certain tasks at the Facility. You agree to respect Facility staff’s instructions and understand that staff is authorized to take any action necessary to ensure the terms and conditions of this Agreement are followed.
14. You shall exercise the greatest care in your use of the Facility, you agree that the Facility will be left in an equal or better condition than that which existed prior to your use commencing, and you agree to use any equipment or furnishings only for their intended use and in accordance with any instructions or common usage, and return them to their proper location at the end of your use. You further agree that you are responsible for any loss, damage or theft of any equipment used, reasonable wear and tear excepted. Should you not leave the Facility in a clean and tidy state, you agree that HRM may, in its sole discretion and within thirty (30) days of your use of the Facility, terminate this Agreement and your Membership and/or invoice you for any damages or extra cleaning costs arising from your use of the Facility. HRM Recreational Facility Membership Application
15. HRM makes no representations or guarantees as to the condition of the Facility or equipment or furnishings within the Facility or as to the fitness for purpose or suitability of the Facility for your use.
16. You are responsible for your behavior while you are at the Facility. Improper behavior or language, verbal abuse, or disrespect to Facility staff and/or the public will not be tolerated. HRM, including Facility staff, shall have the right at any time to eject you from the Facility or refuse you admittance to the Facility if, in the opinion of anyone having responsibility or supervision of the Facility, you are creating a disturbance or behaving in an objectionable or unacceptable manner.
17. IN ADDITION TO CHARGING OR INVOICING YOU FOR DAMAGES TO THE FACILITY, AS SET FORTH IN THIS AGREEMENT, HRM MAY, AT ITS SOLE DISCRETION, REQUIRE YOU TO PAY ADDITIONAL FINANCIAL COMPENSATION TO HRM. THE PAYMENT OF THIS ADDITIONAL FINANCIAL COMPENSATION WILL BE AS A RESULT OF YOUR BREACH OF THIS AGREEMENT, INCLUDING IN PARTICULAR, A BREACH RESULTING FROM YOUR ACTIONS AND BEHAVIOURS OR A BREACH RESULTING FROM A COMPLAINT BEING MADE AGAINST YOU. HRM SHALL ADD THE AMOUNT OF FINANCIAL COMPENSATION, AS SET FORTH BELOW, TO YOUR NEXT INSTALLMENT FOR PAYMENT OF FEES. FURTHERMORE, AT HRM’S SOLE DISCRETION, YOU MAY NOT BE PERMITTED TO OBTAIN MEMBERSHIP IN, OR USE ANY FACILITY, IF ANY PAYMENT OF FINANCIAL COMPENSATION REMAINS OUTSTANDING OR IF YOU HAVE THREE OR MORE BREACHES OF THIS AGREEMENT. (a) YOUR FIRST BREACH OF THIS AGREEMENT – FINANCIAL COMPENSATION OF $150.00 (b) YOUR SECOND BREACH OF THIS AGREEMENT – FINANCIAL COMPENSATION OF $300.00 (c) YOUR THIRD BREACH OF THIS AGREEMENT – FINANCIAL COMPENSATION OF $500.00 SAFETY
18. You agree that if you observe any unusual or significant hazards, accidents or incidents during your usage of the Facility, you will report these immediately to Facility staff or, if there are no Facility staff immediately available, you are to report any issues to 311.
19. In the event of an emergency, you shall follow any Facility emergency evacuation plans, as posted in the Facility, and you assume responsibility for any emergency situation(s) that you cause while you are using the Facility.
20. Your use of the Facility, including the use of any equipment inside or outside of the Facility must not block any emergency exits and emergency equipment, including hallways, corridors and access routes to alarm pull stations and fire extinguishers.
21. If first aid assistance is required, and after contacting 911 if the emergency so requires, you must contact Facility staff. First aid kits are available at all Facilities, and AED units are available at certain Facilities.
ALCOHOL AND SMOKING
22. The possession, consumption, sale or distribution of alcoholic beverages is prohibited at all Halifax Regional Municipality facilities, except where approval has been granted and the appropriate liquor license has been obtained in accordance with Administrative Order 53, the Municipal Alcohol Policy, and the Liquor Control Act and regulations. In such case, the you agree to comply with the terms of the liquor license, the Liquor Control Act and regulations and Administrative Order 53, the Municipal Alcohol Policy.
23. You shall comply with Nova Scotia’s Smoke-free Places Act and HRM’s Bylaw N-300 Respecting Nuisances. Smoking and/or the use of chewing tobacco or marijuana or cannabis or related drugs or narcotics is strictly prohibited within the Facility and on municipal property. Smoking shall not occur within four (4) meters of the Facility entrance or exit ways, windows or intake vents and shall only occur in designated areas. CLOSURES AND CANCELLATION
24. HRM reserves the right to deny or cancel Membership to a Facility to individuals or groups that may violate or promote the violations of the rights that are guaranteed to other individuals or groups under the Nova Scotia Human Rights Act and the Canadian Charter of Rights and Freedom.
25. HRM shall have the right to terminate this Agreement, including cancelling your Membership, immediately, prior to or during the term of your Membership if, in the sole discretion of HRM, including Facility staff, you wilfully damaged municipal property, displayed misconduct, unlawfully consumed alcohol, or is otherwise in violation of any terms or conditions of this Agreement, municipal law or policy or applicable federal or provincial law.
26. HRM reserves the right to close the Facility, for any length of time, for any reason, including but not limited to emergencies, maintenance, recreation programs and services, holidays or inclement weather. HRM shall make reasonable commercial efforts to advise the public about any closures of this nature.
LEGAL
27. This Agreement is governed by the laws of Nova Scotia and the laws of Canada applicable therein without regard to principles of conflicts of law. Any disputes shall be determined exclusively in the courts of Nova Scotia.
28. This Agreement creates a license to use the Facility, only for the duration of your Membership and it is granted for the exclusive benefit of you only and may not be transferred, assigned or sub-licensed to any other party.
29. Should any part of this Agreement be determined to be void by a competent judicial or legislative authority, the remainder shall be valid and enforceable.
INDEMNITY
30. HRM does not accept responsibility for any loss, property damage or injury which may arise from your use of the Facility including any items lost or stolen while you are at the Facility or any parking area. This includes loss or damage to equipment and property brought to the Facility by you and extends to that equipment or property which may remain after your use has concluded.
31. You and your heirs, personal representatives and next of kin, agree to indemnify and hold harmless HRM, it’s Mayor, Council, employees, volunteers and agents from and against all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by, or arising out of, any cause whatsoever, except for HRM’s gross negligence or wilful misconduct but including your negligence or acts or omissions by you, your officers, agents, employees, volunteers or others for whom you are responsible at law, or third parties, either direct or indirect, through your use of the Facility.
32. YOU ACKNOWLEDGE, AGREE AND REPRESENT THAT IT IS RECOMMENDED THAT YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERTAKING ANY FITNESS PROGRAM, THAT YOU UNDERSTAND THAT THE NATURE OF THE ACTIVITIES THAT YOU ARE UNDERTAKING MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING (BUT NOT LIMITED TO) PERMANENT DISABILITY, PARALYSIS AND DEATH. THESE RISKS AND OTHER SIMILAR DANGERS MAY BE CAUSED BY YOUR OWN ACTIONS, OR INACTIONS, THE ACTIONS, OR INACTIONS OF OTHERS PARTICIPATING IN THE ACTIVITY OR THE CIRCUMSTANCES IN WHICH THE ACTIVITY TAKES PLACE. THERE MAY BE OTHER RISKS AND DANGERS AND SOCIAL AND ECONOMIC LOSSES NEITHER KNOWN TO YOU NOR READILY FORESEEABLE AT THIS TIME (THE RISKS AND DANGERS SET FORTH IN THIS SECTION ARE COLLECTIVELY THE “RISKS”). YOU KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND ASSUME ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES INCURRED AS A RESULT OF YOUR MEMBERSHIP TO THE FACILITY AND PARTICIPATION IN THE ACTIVITY.
