Legal | CrossFit 1855

Legal Stuff

Membership Rules, Guidelines, Refund Policy

What’s included In Your Membership:

Section 1. Memberships that contain “Private Training” or “Open Gym” in the membership title are NOT CrossFit memberships and do not include CrossFit services. All unlimited CrossFit memberships include unlimited attendances to standard CrossFit Classes as well as any classes marked “Specialty” such as Olympic Weightlifting, Athletic Conditioning, Open Gym, Mobility and Gymnastics. Extra CrossFit “clinics” or “seminars” or any other services not listed in memberships are not considered part of the included services in an unlimited membership and are NOT included in memberships. All limited CrossFit memberships, such as 20 class punch cards, are only good for the number of sessions purchased. Any missed classes or late cancelled classes are subject to charge for that session.
All cancellations of CrossFit Classes with less than one hours notice are considered no-show and are billed with applicable charges. (See General Terms and Conditions Section 6). CrossFit memberships do NOT include “Open Gym” reservations. All memberships that contain “Lifting” in the membership title entitle the member to the use of the Open Gym (no supervision, CrossFit or Personal Training is included). “Open Gym” Memberships do NOT include any classes of any kind. All memberships that contain “Private Training” in the membership title include only the number of sessions specified in the agreement. Private Training sessions require 24 hours notice of cancellation. Anything less than 24 hours notice is considered a no show and will be billed at the full cost of the session. “Private Training” memberships do NOT include any CrossFit Classes, Specialty Classes or Open Gym.

Consumer Rights:
In compliance with the Business Practices and Consumer Protection Act, the member has a right to cancel within 10 days of receiving a copy of this Agreement and a right to cancel due to a material change in their circumstances or a material change in the service provided by CrossFit 1855. Examples of such material changes are given in section s 25(3) and 25(4) of the Act and include a member moving residences further than 30 kms from where they resided at time of signing this agreement. If a prepaid member cancels due to a material change in their circumstances, they will be entitled to a refund for the remaining balance of the Agreement less a 30% deduction for CrossFit 1855’s costs.

GENERAL TERMS AND CONDITIONS 1-18

1 – Basics
It is required of all members of CrossFit 1855 to either successfully complete basics programming and/or demonstrate the required skills of CrossFit before entering regular classes. CrossFit 1855 reserves the right to determine who is fit to enter classes. Those deemed unfit must complete as many basics and/or private sessions necessary to prepare the member for classes before being permitted to attend regular classes. CrossFit 1855 offer packages that include 4 private sessions (called Onramp) with a structured curriculum that is designed to prepare people to participate in CrossFit in an acceptable standard. The Onramp sessions will be booked at a mutually convenient time between the member and the CrossFit 1855 staff. 24 hours notice is required for cancelling or rescheduling an onramp session. If less than 24 hours notice is given, the missed class will be considered used, and the member will be responsible for purchasing an additional Onramp session at the private training rate published on the CrossFit 1855 website at time of rescheduling. If a member is more than 10 minutes late for their onramp session, they will be considered a no show and will be required to purchase an additional session at the private training rate published on the CrossFit 1855 website. After the 4 Onramp sessions have been completed, it is at the sole discretion of CrossFit 1855 to confirm that the member is ready to join the regular CrossFit classes. Additional Onramp sessions may be required, at the cost of the member, if the member has not demonstrated the minimum skill level required to join regular CrossFit classes. Failing to do so does not relinquish the members responsibility to upholding this binding contract. The additional private training cost will be billed at the private training rate published on the CrossFit 1855 website at that time. If a member already has CrossFit experience they may be asked to attend a free session with a CrossFit 1855 coach to demonstrate a minimum skill set of movements before entering the regular classes. It is at the sole discretion of CrossFit 1855 to decide whether that minimum skill set has been met or if any Personal Training / Basics / Onramp classes are required. If those sessions are required, they will be at the sole cost of the member and will be billed at the rate published on the CrossFit 1855 website at that time.

2 – Private Training Sessions 
All private training sessions booked require 24 hours notice from the member for cancellation to avoid being billed in full for the session. If a session is cancelled with less than 24 hours notice the full amount of that session will be charged to the member.

3 – Pre-Paid Memberships
Under the pre-paid membership the member is allowed to put their account on hold for one month at no cost once per calendar year. All holds will be offered in monthly increments only. Any additional months requested for holds in the calendar year must be approved by the CrossFit 1855 management and are subject to a $15 per month administration fee. Please note that an account hold does not pause the term of the contract, we are simply adding a bonus amount of time to the end of your contract term. Memberships are non-transferrable.

4 – Monthly Memberships
Under the paid-monthly membership, the member is allowed to put their account on hold for one month at no cost once per calendar year. All holds will be offered in monthly increments only. Any additional months requested for holds in the calendar year must be approved by the CrossFit 1855 management and are subject to a $15 per month administration fee. Monthly payments will continue even during the membership hold period, and the approved hold time will be tacked on to the end of the membership period. Should the member wish to no longer train at CrossFit 1855 they are still responsible for the remainder of their term of the Agreement except as provided for under the Business Practices and Consumer Protection Act as set out above. If the member does not exercise a cancellation right under the Act, then their options are to simply continue to pay the monthly fee until the term of the agreement expires, or to cancel and immediately pay 2 months of the remaining balance of the contract.

5 – Rules on all Memberships
Options: Both the pre-paid and paid monthly memberships entitle the member to have full use of their purchased CrossFit 1855 services as long as their payments are up to date. The current rates are only secured for the duration of the term of their current membership, and CrossFit 1855 reserves the right to increase membership fees at any time, and upon the renewal period of the membership, the new rates would then apply. On memberships longer than one month, 30 days written notice must be given by the member to CrossFit 1855, if the member chooses not to renew their membership. If the member would like to renew their membership, they must notify the staff as to which plan they’d like to subscribe to prior to the time of renewal, otherwise the member will automatically be renewed under the month to month Contract at the posted rate on the website (crossfit1855.com). The members payment method will be charged at the time of renewal date and is subject to all the terms of this agreement. CrossFit 1855 reserves the right to change the class schedule as needed.

6 – No Show Policies
Eventually, CrossFit 1855 will utilize class sign-ups, and this will be enacted with notification to all members. When class sign-ups are active, if you sign up for a class and don’t show up, you are preventing someone else from coming who could have. To keep this from happening, and making all the classes as great as they can be for everyone, we use no-show penalties as a way to regulate this type of behaviour. Every calendar month, the first time a member is a no-show on a preregistered class they will receive a polite but direct email informing them that they have been warned. CrossFit 1855 will charge missed classes on an increasing scale of $5 per missed class.

7 – Exceptions Policy

Exceptions are at the sole discretion of the CrossFit 1855 owners.

8 – Community and Member Rules
We are trying to build and maintain an inclusive, fitness and community oriented gym and atmosphere. CrossFit 1855 reserves the right to terminate any membership, without warning, if the member in questions is behaving counter to the community and member guidelines, including:
Behaviour that is egotistical, belligerent or abusive to members or staff.
Talking when the coaches are trying to teach. People pay good money to get this info, so don’t ruin it for others by being distracting.
Marketing or soliciting products of any kind. Inside or outside of the gym.
Demonstrating behaviour that is in any way a conflict of interest to CrossFit 1855 .
Bullying or bully like behaviour to other members.
Disregard for the rules and policies set in place by CrossFit 1855 .
We reserve the right to refuse service

9 – Delinquent Accounts (No Pay – No Play)
If a member’s account balance is not paid in full on the due billing date, the member will have 7 days to make their late payment in full. If the member has not paid their dues by the 7th day deadline, the membership will be suspended and the member will be subject to a $100 re-initiation fee if they wish to re-activate their membership. The member will still be responsible for the remainder owed on the membership, even if they do not wish to reinstate their membership. There will be a $25 NSF / Decline charge billed to the member should their payment method not be approved. This charge will be billed each time the payment is attempted. Once an account has been deemed delinquent, the remainder of the membership will be due in full immediately. A 15% interest rate will be applied on the full balance owing until the debt is collected in full. Any service charges or legal fees incurred by CrossFit 1855 as a result of the failure to pay will also be the responsibility of the delinquent member.

10 – No Solicitation
All CrossFit 1855 members deserve an uninterrupted training and fitness experience. We have a no solicitation policy to ensure our members are not being solicited products by other members. CrossFit 1855 is a no solicitation zone. If you have a product that you would like to discuss with CrossFit 1855 to see if it would be of interest for the gym please speak to one of the CrossFit 1855 staff about that.

11 – Respect 
The CrossFit 1855 team has worked extremely hard to provide the members the best training facility they can, and as a result we expect the members to treat the equipment with respect as well as the Coaching staff and all of the members. We understand that equipment has a natural life cycle, and will receive wear and tear over the course of being used, but abuse of the equipment (including but not limited to the terms outlined in the code of conduct section below) that causes damage to the equipment or the facility in any way will be assessed at replacement value and the cost passed onto the member who caused it.

12 – Code Of Conduct
The following is a list of rules that we enforce at CrossFit 1855:
Don’t drop an empty barbell or a barbell that has only steel or black plates.
Collars must be used on barbells at all times.
Don’t drop the end of an empty barbell while stripping weight off of barbell.
Don’t drop a kettlebell or Dumbbell from above the knee.
Be clean. Clean up your area, wipe down any blood or sweat that you leave and put your equipment back where it belongs.

13 – Services 
CrossFit 1855 has lockers in the changerooms; members may feel free to use a locker during their workout. There is no charge to use the locker while a member is in class, but at the end of the class locks must be removed along with belongings. No personal belongings shall be left behind – if they are left behind they will be removed and disposed of. CrossFit 1855 provides shower facilities for use by its members. Please be courteous to fellow members who may also want to use the showers. Members should be as quick as possible in the shower to allow for others to use it also. Members must remove all personal belongings from the shower area upon completion of shower. Towels will not be provided, members must bring their own.

14 – Photos & Likeness
CrossFit 1855 will often take photos and video of its members during workouts or special events, and may choose to post the photos on the website or social media sites. The member agrees that his or her imagery and likeness are approved for CrossFit 1855 to use for any purpose pertaining to the general nature of the industry. There is no compensation for any imagery or likeness used in any form whether promotional or commercial.

The member acknowledges and agrees as follows:

15 – EFT Authorization
I authorize CrossFit 1855 ,to transfer electronic funds on a recurring basis from the chequing, savings, or credit card account I specified above for my membership dues. This authorization is to remain effective until CrossFit 1855 has collected for all charges assessed in connection with the terms and conditions of this Agreement.

16 – Membership Term
I agree that I will maintain membership and pay the dues specified in my signed membership agreement.
I agree that I will be liable for dues for the entire Term of this agreement specified in my signed membership agreement in the amounts as stated herein regardless of usage.
I agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.
I will comply with all the rules and regulations of CrossFit 1855.
I hereby agree that if CrossFit 1855, is unable to process my payment from the designated account provided by me, CrossFit 1855 is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained in this agreement.
In addition to any rights and remedies it may otherwise have, CrossFit 1855 may terminate this Agreement at anytime with written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within seven days after receiving notice of such failure.
Failure to attend the Classes does not relieve me of the obligation to pay the full agreed upon price for the program, membership or classes in which I am currently enrolled.
I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
I acknowledge receiving a copy of this Agreement and I am aware that a copy of this document is available online on my member profile page.

17 – Open Gym Membership
This service is ONLY available to experienced lifters or experienced individuals with a clear training program approved by CrossFit 1855 staff. You will not be coached or supervised and therefore must be competent in the lifts and exercises you are working on. A successful program and fitness assessment may be required before you are eligible for this program. Your activities must NOT interfere with CrossFit classes happening at the same time. Your work MUST take place in the designated Open Gym area. CrossFit 1855 reserves the right to change the schedule as needed. No guests are permitted to use the facility with you. No coaching or training other athletes without the written consent of the CrossFit 1855 management.

18 – Legal Stuff
The member signature on this membership agreement allows CrossFit 1855 to charge the payment method (credit card or EFT submitted by the member) for any dues owed under this contract, and states that the member agrees to the terms and conditions of the membership. Members must abide by these terms and conditions which are displayed on the CrossFit 1855 website. The terms and conditions may be updated from time to time and it is the responsibility of the member to stay up to date on the terms. The member signature on this membership agreement allows CrossFit 1855 to update the GENERAL TERMS AND CONDITIONS 1-18 of this agreement. The terms and conditions can be found here: (www.crossfit1855.com/legal)
This membership agreement is executed in conjunction with the Waiver /PAR-Q form that members are required to fill out and sign BEFORE joining CrossFit 1855 classes.