This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between
LEVEL by Oxford Properties, located at 85 Richmond Street West, and you,
the member. LEVEL by Oxford Properties is a boutique fitness studio offering
group fitness classes, personal training, physical therapy, and wellness education. This Agreement
entitles members access to participate in these classes and to enjoy other amenities offered including but not limited to: lockers, changing rooms, and showers, unless noted otherwise.
Please review this Agreement thoroughly as it is a legal contract between LEVEL by Oxford Properties and all members. By using the services offered at LEVEL by Oxford Properties, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages, if applicable, are billed in- full at the time of purchase. Regular monthly dues apply thereafter. Monthly membership payments shall be made the first day of each month, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, on a one-month increment, for up to one (1) calendar month. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to LEVEL by Oxford Properties via email at firstname.lastname@example.org no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing.
Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the LEVEL by Oxford Properties website, the Mind-Body application, or by calling LEVEL by Oxford Properties during normal business hours and confirming with centre staff.
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and LEVEL by Oxford Properties reserves the right to assign the spot to another person on the waitlist.
CANCELLATIONS: As a courtesy to other members, we require that reservations are cancelled at least 2 hours prior to the class start time. This may be done online via a client’s Mindbody account or by calling the centre during regular operating hours and confirming with centre staff.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. LEVEL by Oxford Properties staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and contract suspensions apply if you do not cancel within the bounds of the cancellation policy for double bookings.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. LEVEL by Oxford Properties staff cannot move class slots for clients in classes that are completely full with wait lists.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBITPACKAGE PURCHASES: By purchasing a package from LEVEL by Oxford Properties, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen.
Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. LEVEL by Oxford Properties staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their LEVEL by Oxford Properties account online. By placing a card on file, the cardholder and account holder gives permission to the LEVEL by Oxford Properties staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the LEVEL by Oxford Properties, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize LEVEL by Oxford Properties to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) LEVEL by Oxford Properties will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. LEVEL by Oxford Properties may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the LEVEL by Oxford Properties booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. LEVEL by Oxford Properties cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the
premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of
LEVEL by Oxford Properties and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the LEVEL by Oxford Properties staff, you would be at physical risk participating in LEVEL by Oxford Properties's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish LEVEL by Oxford Properties with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing LEVEL by Oxford Properties's concerns and stating that LEVEL by Oxford Properties's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless LEVEL by Oxford Properties, OPGI Management GP Inc. and OPGI Management Limited Partnership and their respective assignees and mortgagee’s (collectively, the “Landlord”) and the Landlord’s directors, officers, employees, representatives, agents and Matthew Bonas Yoga Inc. (MBYI), its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of LEVEL by Oxford Properties's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using LEVEL by Oxford Properties's Classes and
Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health
Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
LEVEL by Oxford Properties has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the centre cannot guarantee that you or any member/employee of LEVEL by Oxford Properties will not become infected with COVID-19. Further, attending the centre could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the LEVEL by Oxford Properties wellness centre and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the centre may result from the actions, omissions, or negligence of myself and others, including, but not limited to, centre employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at LEVEL by Oxford Properties (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless LEVEL by Oxford Properties, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of LEVEL by Oxford Properties, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any LEVEL by Oxford Properties program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by LEVEL by Oxford Properties regarding the use of the
facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by LEVEL by Oxford Properties. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or
damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide LEVEL by Oxford Properties written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to LEVEL by Oxford Properties, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and LEVEL by Oxford Properties reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of LEVEL by Oxford Properties’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from LEVEL by Oxford Properties. The member shall provide proof of new residence.
CONDUCT/DAMAGES: LEVEL by Oxford Properties is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe LEVEL by Oxford Properties’ rules and regulations or who abuse equipment in any fashion will be asked to leave. LEVEL by Oxford Properties has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to LEVEL by Oxford Properties property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. LEVEL by Oxford Properties reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by LEVEL by Oxford Properties.
PHOTO/VIDEO RELEASE: You hereby grant LEVEL by Oxford Properties, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at LEVEL by Oxford Properties and to use and publish these photos or videos in print and/or electronically. You agree that LEVEL by Oxford Properties may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the wellness centre after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the facility, or delivered in person to LEVEL by Oxford Properties at 85 Richmond Street West, Unit 102 OR email@example.com.
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