MEMBERSHIP, WAIVER, AND FACILITY AGREEMENT

Big Daddy Fitness Inc. and Énergie Vitale

5155 Rue de Sorel, Montreal, QC H4P 1G7

www.bigdaddyfitness.com | www.evitale.ca

Last updated: February 10th 2026

 

  1. AGREEMENT DETAILS

Client (Member): <CONTRACTNAME>

Agreement Date: <AGREEMENTDATE>

Contract Start Date: <CONTRACTSTARTDATE>

Contract End Date: <CONTRACTENDDATE>

Membership/Payment Frequency & Amount: <CONTRACTFREQUENCY> <FIRSTPAYMENTTOTAL>

 

  1. PAYMENT, TAXES, AND COLLECTION

– Member authorizes the Facility to initiate debit entries/automatic withdrawals for dues, taxes, and fees.

– Facility may increase dues only as provided in this Agreement (e.g., to reflect increased sales tax) or at renewal as stated.  Your current contract will not be affected by a price increase.

– Returned payment fee: $20 + tax.

– Incomplete transactions may be reattempted. Accounts past due >60 days may be accelerated and collection costs (including agency fees, court costs, and reasonable attorney fees) charged.  Facility may report delinquency to credit bureaus.

 

  1. WAIVER, RELEASE, AND INDEMNITY

– For and in consideration of being permitted to use the Facility and Services, Member freely assumes all risks (including injury, illness, disability, or death) associated with participation and use of equipment and Services.

– Member releases, waives, discharges, and covenants not to sue the Facility, its owners, officers, agents, employees, contractors, affiliates and assigns for claims arising from ordinary or possible gross negligence.

– Member agrees to indemnify, defend, and hold harmless the Facility from any claims, liabilities, damages, costs or expenses (including reasonable attorneys’ fees) arising from Member’s actions or omissions

– Facility is not responsible for loss, theft, or damage of personal property, including vehicles and their contents.

-Member confirms to have read and understood the risks of using the Facility and the legal consequences of this agreement and the member freely assumes all risks.

 

  1. MEDICAL, NUTRITIONAL & SPA DISCLAIMER

– Services (including nutrition plans, any supplement protocols or the usage of services at Énergie Vitale) are for informational/wellness purposes only and are not medical advice. Members agree to do so at their own risk and should consult a healthcare professional if they feel it necessary.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new dietary regimen or supplement protocol.

– The Facilities makes no guarantees regarding results. Individual results may vary based on personal health conditions, lifestyle, and adherence to the guidelines provided.  Member accepts any risks or adverse effects resulting from the use of any services, nutritional advice or supplements.

– Certain spa Services (e.g., cryotherapy, cold plunge, infrared sauna) may be contraindicated for pregnancy, cardiac conditions, or other serious health issues. Member affirms they have disclosed relevant health conditions and will follow attendant instructions and posted safety rules.  The facilities at 5155 rue de Sorel are not responsible for any incident and the member freely assumes all risks.

– None of the Services at Énergie Vitale intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from the Services are assured and you acknowledge there have been no claims or guarantees regarding the results of the Services provided. Every guest is different and responds differently to therapy.

 

  1. ASSUMPTION OF RISK / ATTENDANT INSTRUCTIONS

–  Member must follow staff/attendant instructions for use of equipment and spa therapies. If in discomfort during any Service, Member must stop immediately and notify staff.

– Facility may require medical clearance for participation in certain activities.

 

  1. ACCESS, OPERATING HOURS, AND CLOSURES

– Facility access is limited to operational hours posted by the Facility; the Facility may close temporarily for holidays, events, maintenance, force majeure, power/internet failure, or unsafe conditions without monetary compensation.

– Facility does not guarantee uninterrupted availability of equipment or Services and will not provide monetary compensation for temporary outages.

– Members are expected to leave the premises by closing time.

 

  1. MEMBERSHIP CARDS / KEY TAGS / ENTRY

– Membership key tag/card is non-transferable and must be scanned on entry.  A photo is required for your Key Tag entry.  Lost/stolen key tag replacement fee: $10.

– Members must not grant access to non-members. Violation may result in membership termination and possible prosecution.

-No membership is required to attend classes (Kangoo, Bootcamp, Pilates) or use Énergie Vitale; attendees must leave the premises after the class and may not use the facility.

-Members can upgrade their membership at any given time with no penalty.

 

  1. LOCKERS, PERSONAL PROPERTY, AND BAGS

– Lockers are for daily use only.  Personal items must be removed before closing — overnight storage is prohibited. If a lock or items are left for an extended period, we will post a notice and may remove the contents after 48 hours. 

– Bags should be stored in locker rooms to prevent trip hazards.

– Do not bring valuables. The facilities and employees are not liable for loss, theft, or damage to personal property of members or guests.

 

  1. MINORS / PARENTS OR GUARDIANS

– Members under 16 must be accompanied by a parent/legal guardian at first visit to pick up membership card and provide proof of guardianship. Access for under-16s is restricted: at the gym, minors may not train alone except in private personal training or supervised Boot Camp; at the spa, minors may only enter when supervised as specified by the Facility (in a group activity with a coach or legal guardian). 

– Parents/guardians executing this Agreement on behalf of a minor accept and agree to all waiver, release, and indemnity terms on behalf of the minor.

 

  1. CODE OF CONDUCT, DRESS, AND RULES

– Members must observe Facility rules and treat staff and other members with respect.  We have a ZEROtolerance for abuse of equipment, aggressive behaviour, theft, sexual harassment, nudity or inappropriate conduct.

– Gym-classes: shirts and proper athletic footwear required; no sandals, street shoes, swimsuits or underwear as workout attire. Towels required; wipe equipment after use. Food is allowed only in the designated bistro/reception area.

– Members must remove outdoor shoes before entering the exercise floor in winter. Only clean indoor shoes are allowed in the facility.

– Énergie Vitale: dress code and hygiene rules apply (e.g., men wear shorts; women wear swimsuit or tank top + shorts; towels/robes and clean sandals required).  No nudity, sexual behaviour, or inappropriate conduct.

  • You are limited to one visit of 90min of use to all services offered in the spa. You can’t divide the time to come twice a day, as it must be used in one visit only.
  • It is mandatory to book a reservation online for the Énergie Vitale experience as the space is limited, especially during peak periods. Please book your spot on our website or reach out to us for assistance.

– No alcohol, smoking, illicit drugs, or sale/distribution/promotion of prescription drugs on premises.

– Photography/videography in public areas is allowed only with prior authorization for organized shoots; prohibited in change rooms, showers, and saunas.

– No personal notices, advertising or other literature, either posted or for distribution, is allowed without the express written permission of the management.

– Either facilities may require official medical clearance documents in participation of Health Club Activities.

– Big Daddy Fitness reserves the right to refuse admittance and the use of either facility to anyone or terminate a contract at any given time.

 

  1. CLASS, RESERVATION, AND USAGE RULES

– Classes, spa sessions or time-blocked bookings (e.g., 90-minute spa blocks) must be reserved per Facility policies. Members must arrive on time; late arrival may reduce available time.  Gym facility use is not included in the class price.

– Certain Services at Éneregie Vitale require staff assistance and are not self-serve (red light therapy, leg compression and cryotherapy.

 

  1. EQUIPMENT USE, SAFETY, AND RESTRICTIONS

– Members must return free weights and equipment to their proper places after use.  Spotters are recommended when lifting heavy.

– Dropping weights or using chalk is prohibited.

– Members may not provide services to other members that are offered by the Facility unless affiliated with the Facility.

 

  1. SUSPENSION, CANCELLATION, TERMINATION, AND REFUND POLICY

– Consumer Protection: Member may cancel this Agreement within 17 days of signing (as required). After 17 days, cancellation requires a $99 + tax fee unless otherwise specified by the owner.

– Facility may terminate or suspend membership without refund for non-payment, breach of terms, misconduct, making our members uncomfortable, causing disturbance or other serious violations.

– Contract term is as indicated; suspension or extension of term is not generally permitted except as required by law or Facility policy.

 

  1. TRANSFERABILITY

– Memberships and this Agreement are non-transferable unless approved by Facility management.

 

  1. COMMUNICATIONS AND MARKETING CONSENT

– By signing, Member consents to receive electronic and phone communications from the Facility. The member may withdraw consent by contacting the front desk or emailing the Facility.

 

  1. INTELLECTUAL PROPERTY, CONTENT, AND SUBMISSIONS

– Content on Facility websites and platforms is owned or licensed by the Facility. Posting User Content grants the Facility a worldwide, royalty-free, transferable, sublicensable license to use such content as described in the Facility’s site terms.

– Submissions to the Facility may become Facility property subject to the terms set out on the Facility sites.

-You may view and use Site content only for your personal, non‑commercial use. Any other use — including reproduction, modification, distribution, transmission, republication, public display, or performance — is prohibited without Big Daddy Fitness’s prior written permission.

 

  1. PRIVACY

– Member information is subject to the Facility’s Privacy Policy; Member is encouraged to review that policy.

 

  1. DISCLAIMER OF WARRANTIES

– Services and Sites are provided “as is.” To the fullest extent permitted by law, Facility disclaims all warranties, express or implied.  THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. BIG DADDY FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON‑INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. Big Daddy Fitness does not guarantee the Sites are error‑free, secure, or free of viruses or other harmful components, nor that Site content is suitable for use outside the United States. YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

 

  1. LIMITATION OF LIABILITY

– TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIG DADDY FITNESS NOR ITS AFFILIATES, FRANCHISEES, OR AGENTS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING FROM YOUR USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some laws may not permit certain exclusions or limitations; if so, those legal protections will apply. In any event, Big Daddy Fitness’s total aggregate liability relating to your use of the Sites will not exceed Five Dollars ($5.00).

 

  1. PROHIBITED ACTIVITIES AND SITE USE

– As a visitor or user of the Sites you must not: violate any law; post false, illegal, harmful, abusive, defamatory, obscene, invasive, or otherwise objectionable content; impersonate others or misrepresent affiliations; post content subject to disclosure restrictions or that infringes intellectual property; send unsolicited advertising or spam; distribute viruses or harmful code; interfere with others’ use or with Site operation or security; collect other users’ personal data without consent; use automated tools to scrape or copy Site content without prior written permission; or use the Sites for commercial purposes.

– User Content: you are solely responsible for any content you post. By posting you grant Big Daddy Fitness an irrevocable right to copy and use your content for Site-related purposes. Big Daddy Fitness may monitor, remove, or edit content at its discretion and is not required to retain or back up your content.

– By posting you represent and warrant that the content is non‑confidential, lawful, accurate, that you have all necessary rights to post it and to grant the rights above, and that your posting complies with these Terms and all applicable laws.

– The Sites may link to other websites, and other websites may link to the Sites. Big Daddy Fitness does not review or endorse those sites and is not responsible for their content or policies. Links do not create any relationship or endorsement, and Big Daddy Fitness disclaims liability for your use of linked sites. Links to other Big Daddy Fitness‑owned sites may be subject to different terms and privacy policies.

 

  1. CHANGES TO TERMS

– Facility may revise these Terms at any time as provided by applicable law. Continued use after changes constitutes acceptance.

 

  1. SEVERABILITY AND GOVERNING LAW

– If any provision is held unenforceable, remaining provisions remain in effect. This Agreement is governed by the laws applicable where the Facility operates (Quebec, Canada), subject to mandatory local consumer protections.

 

  1. ACKNOWLEDGMENT AND SIGNATURE

I, the undersigned Member, confirm that I have read, understood, and accept the terms, rules, waivers, releases, and policies in this Agreement and that I am voluntarily signing effective as of the Agreement Date above. 

If you purchase a day pass for a guest who accompanies you to the spa or gym, you confirm that the guest has agreed to and will comply with these Terms and has signed this waiver; you accept responsibility for ensuring the guest’s compliance.

 

Member Name <CONTRACTNAME>

Member Signature: ______________________________

Date <AGREEMENTDATE>

 

 

EMERGENCY CONTACT (print): ___________________________

PHONE:  ______________________________

 

 

If Member is under 18 / minor: Parent/Guardian Name (print): ____________________

Parent/Guardian Signature: _______________________

Date: ___________________