Agreement for auto-renew and 12 prepaid months memberships

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.

  1. 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 you have purchased include access to the studio, including but not limited to the use of a) regularly scheduled group classes and b) washroom/change room facilities.
  2. 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.
  3. 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 you signed it. The pre-authorized payment shall be drawn to your account to cover all fees, including membership fees and TAXES, as Revenue Quebec and Canada Revenue Agency require. LATIN GROOVE will not reduce, discount, credit, or cancel your obligation because you do not use the Studio.
  4. Term and Renewal: Your membership commences on the date of the agreement and will auto-renew as a contract of successive monthly membership. Such date may be updated as agreed to between you and LATIN GROOVE (the “Auto-Renew Date”).
  5. Cancellation of this Agreement: Students may cancel the auto-renew membership by completing a cancellation form in person at our studio or by sending us by email a signed cancellation form any time after completing the four months. A minimum 2-week notice is required to process the cancellation. A $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.
  6. Dishonoured Credit Card Charge: Returned payments and any late charges will be automatically charged to your credit card account at a fee of $10 per dishonoured charge. Please present your credit card to LATIN GROOVE for the monthly auto-renew payment. Mindbody Online secures and stores your credit card information in an encrypted system. To cancel, please complete the cancellation form in person at the studio. Refer to the cancellation policy in paragraph 6 (Cancellation of this Agreement) above.
  7. Membership Suspensions: Membership Suspension Policy: Members enrolled in our monthly membership program for a minimum of four (4) months are eligible for up to two (2) complimentary suspensions. These suspensions may not exceed a combined total of sixty (60) days per calendar year. If a member has been enrolled for less than four months, they may suspend their membership for a fee of $20 per month. Suspensions must be a minimum of seven (7) days in length. Multiple suspensions may be requested for a fee of $20 per suspension per month, but the total number of days requested may not exceed thirty (30) days. If the requested suspension exceeds thirty (30) days, an additional fee of $20 will be charged for each additional month or portion thereof. To request a suspension, a member must provide at least 72 hours of advance notice, either in person or via email to [email protected]. The member must complete and sign a suspension form, which must be returned to the reception team at least 72 hours before the requested suspension start date. A confirmation email will be sent to the member once the suspension has been processed and approved. Please note that suspensions cannot be backdated. Due to its special reduced rate, please note that the “COUNTDOWN” promo can not be suspended or paused. You can request to cancel it after four months have passed. If you later choose to purchase a new membership, the rate will be charged at the current price. Your initial COUNTDOWN rate will be forfeited.
  8. Medical Suspensions:  With a note from your attending physician, we can suspend your membership for a maximum of 12 months. No service fee or monthly dues apply for medical Suspension on your auto-renew memberships. Visit our studio in person to complete proper documentation to request a medical suspension. A copy of the medical document along with the suspension form will be needed to process the medical suspension request. Due to its special reduced rate, please note that the “COUNTDOWN” promo can not be suspended nor paused, even for medical reasons. You can request to cancel it after four months have passed. If you later choose to purchase a new membership, the rate will be charged at the current price. Your initial COUNTDOWN rate will be forfeited.
  9. Minimum Notice for Membership Holds: 72 hours advance notice must be provided in person or by email to [email protected]. Suspensions will be considered processed once you receive a suspension confirmation email from LATIN GROOVE. Suspensions cannot be backdated.
  10. 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 (outlined in studio policies), all of which dues and fees may be increased in LATIN GROOVE’s sole discretion. LATIN GROOVE may give you 30 days’ notice for any price increase. If you wish to terminate this Agreement due to the price increase, you must notify LATIN GROOVE as required under paragraph 6 (Cancellation of this Agreement); such cancellation must be received at least two weeks before the Auto-Renew Date. All government taxes are in addition to and will be automatically added to all payments.
  11. Membership Cards and Access: We will issue you a free membership card (the “Card”). It would be best if you had 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 12. Lost, stolen, or destroyed Cards will be replaced for a deposit fee of $5, payable by the Member.
  12. 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 LATIN GROOVE may change, modify or otherwise alter any fees, rates and policies 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.
  13. Reservation of Rights: We reserve the right to cancel any membership without cause, in which event you will not be entitled to a refund. We reserve the right to change our hours of operation and the cost of, add, modify and/or eliminate any program or class of service.
  14. Cancellation Policies for the 12 prepaid months and the four-month minimum memberships:
    You can cancel your membership at any time during your contract term. However, you will be charged the following cancellation fees (plus taxes): $99 plus $199 per month you have had your membership. The remaining amount will be refunded to you.
    You may cancel this agreement at any time. You do not need to give LATIN GROOVE a reason for cancelling. To cancel this agreement, you must let LATIN GROOVE know 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 does not apply to merchandise, gift cards or other packages available 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 refund. A partial refund will be offered (or equal to the remaining portion of the fee collected). The refund will be processed and returned to you within 15 days if they choose to cancel.
  15. Force Majeure i. For 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 due to any delay or failure to perform its obligations under this agreement due to a Force Majeure Event.
  16. Governing Law: This Agreement is governed by the laws of Quebec and the laws of Canada applicable therein.