About this Agreement: (the “Agreement”). The Member is referred to as “you” or “the Member” and LATIN GROOVE is referred to as “us”, “we” “THE STUDIO” or “LATIN GROOVE”. This Agreement is legally enforceable. There are terms and conditions on the reverse. Please read everything carefully. This contract is subject to the Consumer Protection Act (QUEBEC) (the “Act”). Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act. This membership is a Monthly contract and will auto renew at the price of the initial contract unless otherwise stated.
- Our Responsibilities: Under this Agreement, you have the right during the term to use the facilities and services which you purchased during our posted hours of operation at the studio at the address above which you are entitled to access under your permitted reciprocity rights (the “Studio”). The facilities and services which you have purchased are access to the Studio including but not limited to use of a) regularly scheduled group classes and b) washroom/change room facilities.
- Your Responsibilities: Under this new Agreement you agree:
a) to pay us all sums, fees, charges and taxes (14.975%) as specified in this Agreement (the “Fees”) when due, irrespective of the amount of use you make of the Studio; b) to all of the terms and conditions which are set out in this Agreement, c) to follow our rules, policies and regulations (“Rules”) which may be posted on our website or otherwise communicated to you from time to time; and d) to immediately notify us in writing of address (including e-mail address) changes and of any other personal and payment information changes.
- Pre-Authorized Payment Agreement: You agree to pay the Fees every month on the Auto-Renew Date (as defined below) and authorize LATIN GROOVE to present transactions for payment against your account. In consideration of LATIN GROOVE acting as directed, you agree that LATIN GROOVE ’s treatment of your credit card information and our rights to it, shall be the same as if it were personally signed by you. The pre-authorized payment shall be drawn on your account to cover all Fees including membership fees and TAXES as required by Revenue Quebec and Canada Revenue Agency. LATIN GROOVE will not reduce, discount, credit or cancel your obligation because you do not use the Studio.
- Term and Renewal: Your membership commences on the date of agreement and will auto-renew as a contract of successive monthly membership and such date may be updated as agreed to between you and LATIN GROOVE (the “Auto-Renew Date”).
- Cancellation of this Agreement: Student may cancel the auto-renew membership by completing a cancellation form in person at our studio any time after completing the 4 months. Minimum 2-week notice is required to process the cancellation. $50 (plus taxes) quick cancellation fee applies if it’s less than a 2 week notice. Phone and verbal cancellations are not accepted. Please retain your receipts for your records.
- Dishonored Credit Card Charge: Returned payments and any late charges will be automatically charged to your credit card account at a fee of $10 per dishonored charge. Please present your credit card to LATIN GROOVE for the monthly auto-renew payment. Your credit card information is secure and stored in an encrypted system by Mindbody Online. To cancel, please complete cancellation form in person at the studio, refer to cancellation policy in paragraph 6 (Cancellation of this Agreement) above.
- Membership Holds: Members who have completed a minimum 4 months on their monthly membership and yearly memberships are eligible for 2 complimentary holds. Members who have completed less than 4 months of the monthly membership may put their membership on hold for a fee of $20/hold. Holds must be a minimum of 7 days in length. More than one hold is permitted for a low-fee of $10 per hold, provided that the combined total of all holds does not exceed 60 days per calendar year. Please note that the “COUNT-DOWN” promo, due to it’s special reduced rate, can not be suspended or paused. You can request to cancel it. If you later choose to purchase a new membership, the rate will be charged at the current price. Your initial COUNT-DOWN rate will be forfeited.
Minimum Notice for Membership Holds: 72 hours advance notice must be provided in person or email to [email protected] Holds will not be considered processed until you receive a hold confirmation email from LATIN GROOVE. Holds cannot be backdated.
Medical Holds: With a note from your attending physician, we can freeze your membership for a maximum of 12 months. No service fee or monthly dues apply for medical holds on your auto-renew memberships. Visit our studio in person to complete proper documentation to request for a medical hold.
- Changes in Fees: LATIN GROOVE reserves the right to determine the amount and terms of payment for monthly fees and any other fees, including service, late or hold fees (set forth in studio policies), all of which dues and fees may be increased in LATIN GROOVE ’s sole discretion. LATIN GROOVE may provide you with 30 days notice for any price increase. If you wish to terminate this Agreement as a result of the price increase, you must notify LATIN GROOVE as required under paragraph 6 (Cancellation of this Agreement), such cancellation must be received at least 2 weeks before the Auto-Renew Date. All government taxes are in addition to and will be automatically added to all payments.
- Membership Cards and Access: We will issue you a membership card (the “Card”) at a $20 deposit. You need it to enter the classes. The Card belongs to LATIN GROOVE and is for your personal use only. If anyone else uses it, we may cancel your membership immediately with no refund and you will be charged the cancellation fees as stated in paragraph 13. Lost, stolen, or destroyed Cards will be replaced for a deposit fee payable by the Member of $20.
- Studio policies, Membership Termination or Suspension by LATIN GROOVE: You understand that LATIN GROOVE retains complete control over all matters affecting or relating to its members and fees, including but not limited to membership fees, access, prices, services, products, classes, workshops, events, amenities or benefits, all of which are subject to change at any time without notice. You will comply with LATIN GROOVE’s policies, procedures, rules, and regulations, whether set forth on paper, verbally, in studio signage, or online at www.latingroove.ca. LATIN GROOVE may change, modify or otherwise alter any fees, rates and policies at any time without notice. I understand that LATIN GROOVE may in its sole discretion terminate or suspend my membership or any aspect thereof, for any reason, including but not limited to any conduct by me, that violates any studio policies or that LATIN GROOVE determines to be improper, inappropriate, or contrary to its best interests.
- Reservation of Rights: We reserve the right to cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid installments, if any. We reserve the right at any time to change our hours of operation, and to change the cost of, add, modify and/or eliminate any program or class of service.
- Your Rights under the Consumer Protection Act.
Cancellation Policies for the Yearly Platinum and the 4 month minimum memberships:
According to the Consumer Protection Act, 10% of the total cost of your membership will be charged if you cancel within the first 37 days following your registration. After the 37-day period, you can cancel your membership at any time during the term of your contract. However, you will be charged the following cancellation fees (plus taxes) of $99 plus $149 per month you have had your membership. The remaining will be refunded to you.
You may cancel this agreement at any time during the cooling period, which ends ten (10) days after the date of purchase. You do not need to give LATIN GROOVE a reason for cancelling during this 10-day period. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to LATIN GROOVE in person by completing a cancellation form, at the address set out in the agreement. If no address is set out in the agreement, use any address LATIN GROOVE has that is on record with the Government of Quebec or the Government of Canada or is known by you. Please retain a copy of the cancellation form for your records. This 10-day cooling period only applies to auto-renew contracts for dance or fitness related services with a value of over $50 per month. This does not apply to merchandise, gift cards or other packages available for purchase at LATIN GROOVE. If the auto-renew contract has been activated and the member has already taken classes, they are no longer entitled to a full refund. A partial refund will be offered (or an amount equal to the remaining portion of the fee collected) within the cooling period (10 days from purchase date) as stated on Consumer Protection Act, 2002. The refund will be processed and returned to you within 15 days if they choose to cancel.
- Force Majeure i. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of LATIN GROOVE including but not limited to strikes, lock-outs or other industrial disputes (whether involving LATIN GROOVE or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, epidemic or default of suppliers or subcontractors.
ii. LATIN GROOVE shall not be liable to you or anyone as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
- Governing Law: This Agreement is governed by the laws of Quebec and the laws of Canada applicable therein.