Membership Agreement

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 MBYI 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 only). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
PROMOTIONS: The “Give the Gift of Fitness” promo, “Fall into Fitness”, Spring into Fitness”, “Grand Reopening Promo” and the “Ultimate Membership Promo - First 3 at $20” is $20 per month plus HST for 3 months of membership with the total $60 plus HST due at the time of purchase. After purchase, each new member will be assigned an Ultimate Membership at the regular monthly price of $40 per month plus HST. This membership will automatically commence at the end of the 3-month promo term and recur monthly for a period of 12 months or until the membership is requested to be cancelled by the member.
MEMBERSHIP TYPE: The different membership tiers offered at LEVEL provide members with access to certain services as follows:
Ultimate Membership: This membership provides the member with unlimited access to gym use, classes, and virtual classes. Ultimate members also have priority over non-members for special events and community social events.
VIP Ultimate Membership: This membership provides the added benefit of priority booking for gym use and classes.
Ultimate Paragon Security Membership (for Paragon employees only): This membership permits Paragon employees to schedule workouts during the following off-peak hours:
• Monday - Thursday - 9:00 am - 11:30 am, 2:00 pm - 4:30 pm
• Friday - 1:00 pm - 7:00 pm
Paragon employees will not be permitted to book classes in advance but will be allowed to walk in and join classes when there are vacancies. They will be informed by our front desk staff at class start time whether they can join or not. Paragon employees can call to enquire with LEVEL hours in advance of the start time, the likelihood of being permitted into the class based on current registrations. While our regular membership is $40 per month, this limited access membership has been priced at $30 per month. This membership needs to be purchased in-person at our front desk.
FREEZE/PAUSE POLICY: Members with an Ultimate Membership or VIP Ultimate Membership, may put their membership on hold, on a one-month increment, for up to two (2) calendar months, one time during one calendar year for no charge. A fee of $25 will be charged per additional freeze request. Notice of intent to freeze one’s account must be submitted to LEVEL by Oxford Properties via email at levelbyoxford@oxfordproperties.com 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.
OPEN GYM / CLASS CANCELLATION AND BOOKING POLICIES
RESERVING OPEN GYM: To ensure optimal member experience and gym capacity management, members are required to book their workout time in advance for open gym sessions. Failure to do so, in situations where the open gym is already at capacity, may result in a refusal to enter until another member leaves. Members are solely responsible for the booking and cancelling of their open gym sessions through the Mindbody app or the LEVEL by Oxford Properties website. In situations where they are unable to do so online, members may also reserve their open gym session by calling LEVEL by Oxford Properties during normal business hours and confirming with centre staff.
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 Mindbody 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.
NO-SHOW/LATE CANCEL FEE POLICY: To ensure fairness to all members and to optimize the scheduling system, LEVEL by Oxford Properties has implemented the following no-show/late cancel policy:
Late Cancellation: Members who cancel a booked class or appointment less than 1 hour before the scheduled time are subject to a $1 late cancellation fee.
No-Show: Members who fail to attend a booked class or appointment without providing any prior notice will be charged a $2 no-show fee.
Exceptions: In case of unforeseen circumstances or emergencies, members may be exempt from fees upon providing sufficient documentation. LEVEL by Oxford Properties reserves the right to waive fees on a case-by-case basis.
No-show/late cancel fees are charged to the member’s account and scheduled to be processed the day following the no-show or late cancel occurrence.
Note: This policy is subject to change without prior notice.
By booking a class or appointment, members agree to abide by this policy.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTOPAY PACKAGE PURCHASES: By purchasing a contract or package from LEVEL by Oxford Properties, you agree to the Terms and Conditions in full (see below). Contracts and packages cannot be shared between members. Unlimited and autopay 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 autopay contracts/packages and/or cancellation fees accrued in accordance with the LEVEL by Oxford Properties, cancellation policy detailed above.
AUTOPAY: By enrolling in an autopay contract, you authorize LEVEL by Oxford Properties to, on a recurring basis, automatically charge the credit card on file, for the monthly payments on your autopay contract 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 shown 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 credit 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.

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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.
Members who cancel their membership and subsequently re-enroll within 4 months of the cancellation date will be subject to a re-initiation fee of $100. This fee is in addition to any applicable membership fees and is non-refundable. Re-enrollment is defined as the reactivation of a membership account following a period of cancellation.
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.

MISCELANEOUS
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 levelbyoxford@oxfordproperties.com.