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Terms of Use

Last updated: April 2024

Welcome to Blackburn Athletics’ website. By browsing or conducting transactions on our websites bbalaprairie.fliipapp.com, bbaboucherville.fliipapp.com, bbachambly.fliipapp.com, and bbabrossard.fliipapp.com (the “Websites”), you accept our general terms and conditions of sale (the “General Terms”), as amended from time to time by Blackburn Athletics at its sole discretion. Any modification to the General Terms will be indicated by changing the “Last updated” date at the top of this page.

IF YOU DO NOT AGREE TO BE BOUND BY THE GENERAL TERMS OR OUR PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITES AND/OR CONDUCTING TRANSACTIONS ON THEM.

To use the Websites, you must be of legal age and have the legal capacity to enter into a Contract in your place of residence.

DESCRIPTION OF SERVICES

Blackburn Athletics offers you fitness services, group classes, and personalized fitness programs (hereinafter collectively, the “Services”). For more information regarding the services offered by Blackburn Athletics, we invite you to review them on our Websites in the sections provided for this purpose.

PAYMENT AND TRANSACTION

Payment Security

To conduct transactions, particularly for your registration to our Services, via the Websites, you will need to complete the registration form and provide us with personal information. You agree to provide us with true, complete, and up-to-date information during your registration for our Services. Blackburn Athletics uses secure servers belonging to third parties who have administrative and technical measures in place to ensure the protection of the confidentiality and integrity of transactions and resulting information. However, Blackburn Athletics cannot guarantee that unauthorized access and security breaches will never occur. You can, prior to any purchase, review the policies of the “Bambora” transaction platforms or the “Fliip” application.

Prices

Prices are displayed in Canadian dollars (CAD) and are subject to change without notice, at any time and at Blackburn Athletics’ sole discretion. Blackburn Athletics reserves the right to correct any pricing errors caused by typographical, clerical, or technical errors, as well as to correct any errors caused by incorrect or incomplete information on your part.

Payment Methods

Payment for Services can be made in full at the time of registration or membership renewal, or through monthly payments at the beginning of each month. The accepted payment methods are as follows:

By credit card;

By debit card on site;

By automatic bank transfer. Any payment without sufficient funds is subject to an administrative fee of twenty-five dollars ($25.00).

In case of late payment, interest charges equal to two percent (2%) per month, or twenty-four percent (24%) per year, will be calculated and charged on the unpaid net balance. In such situations, at Blackburn Athletics’ sole discretion, Services may be automatically suspended.

TERMINATION OF SERVICES AND REFUND

Termination Without Charges

Notice required by the Consumer Protection Act. (Contract concluded by a merchant operating a health studio) “The consumer may terminate this Contract at no cost or penalty before the merchant begins to perform their main obligation by sending the attached form or another written notice to this effect to the merchant. If the merchant has begun to perform their main obligation, the consumer may terminate this Contract within a period equal to 1/10 of the duration provided in this Contract by sending the attached form or another written notice to this effect to the merchant. This period begins when the merchant starts performing their main obligation. In this case, the merchant cannot require more than payment of 1/10 of the total price provided in the Contract from the consumer. The Contract is terminated, without further formality, upon sending the form or notice. Within ten (10) days following the termination of the Contract, the merchant must return to the consumer any money owed. The consumer will benefit from consulting articles 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, if needed, contacting the Office of Consumer Protection.”

Termination With Charges

After the period provided by the Consumer Protection Act, meaning in case of cancellation more than 1/10 after the execution of Blackburn Athletics’ main obligation, you can cancel your membership or à la carte services at any time by sending a cancellation notice by registered mail or by email to the following address: info@blackburnathletics.ca
In this case, a cancellation fee equivalent to fifty dollars ($50.00) will be due. This amount will be deducted from any refund, if applicable.

Termination by Blackburn Athletics

For Blackburn Athletics’ internal organization, it is important to notify us of your absence from a reserved class at least two (2) hours in advance. In case of cancellation less than two (2) hours before the start of the class, the class will be considered used and lost.

CANCELLATION OF A RESERVED À LA CARTE CLASS

For Blackburn Athletics’ internal organization, it is important to notify us of your absence from a reserved class at least two (2) hours in advance. In case of cancellation less than two (2) hours before the start of the class, the class will be considered used and lost.

SUSPENSION OF SERVICES

Blackburn Athletics authorizes you, in certain situations including but not limited to pregnancy, illness, travel, injuries, or any other reason deemed sufficient by Blackburn Athletics, to suspend Services. Suspension can be done twice during the entire duration of the subscription, and each of these two (2) suspensions must be for a period of at least one (1) week minimum to a maximum of two (2) months. Any suspension of Services must be justified in writing and previously authorized in writing by Blackburn Athletics. The initially subscribed subscription period will be extended by the permitted suspension duration.

TRANSFER AND RESALE OF À LA CARTE SERVICES

Only à la carte services are transferable to the person of your choice. Blackburn Athletics is not responsible for finding you a third party or member for the transfer or resale of your à la carte services. When you transfer an à la carte service, you must first contact Blackburn Athletics, who will transfer the classes from one account to another. Blackburn Athletics will not be responsible for the financial transfer conditions agreed upon between the third party and yourself. Transfers and resale of an annual subscription to third parties are not authorized.

SUBSCRIPTION MODIFICATION

At any time, you can upgrade your subscription (for example, from an annual subscription of two (2) classes per week to an annual subscription of three (3) classes per week). During the upgrade, a new Contract will be concluded on this date with Blackburn Athletics. The amounts already paid and remaining as credit on your previous Contract may be applied to the new one. To downgrade your subscription, you must terminate the current subscription, pay the applicable termination fees, and subscribe again by choosing the desired package.

SHARING FOR 50-CLASS À LA CARTE SERVICES

Only fifty (50) class à la carte services allow sharing of services with a second person of your choice who resides at the same postal address. Proof of residence (driver’s license, electricity bill, phone subscription bill, etc.) will be requested by Blackburn Athletics. The second person with whom you wish to share your à la carte services must always be the same person from the beginning of Services until the end.

IMAGE CONSENT

By accepting our present General Terms, you authorize the distribution and use, current or future, of any image concerning you, audio or other media material, on all media combined, in whole or in part, with or without your name, individually or with other images or videos for promotional purposes for Blackburn Athletics, all without sending you other notices or asking for your approval of photographs or video or audio recordings in their final form. Distribution and use include, but are not limited to, reproduction, publication, transmission, distribution, display, and exhibition.

PERSONAL INFORMATION PROTECTION

Blackburn Athletics places great importance on its Clients’ privacy. Any document, material, and personal information (“Information”) that you provide to Blackburn Athletics or resulting from the execution of Services is considered confidential. It is understood that Blackburn Athletics shall use the Information only for the purposes provided in its Privacy Policy and may reproduce the Information only when necessary or if authorized by law, and must refrain from disclosing said Information to any unrelated third party without your prior written authorization. For more information, you can refer to the Privacy Policy available via the following link : view policies

LIMITATION OF LIABILITY

You acknowledge, however, that Blackburn Athletics does not provide medical advice or other health-related advice, and you remain responsible for providing all relevant information to Blackburn Athletics. It should be noted that the main services offered by Blackburn Athletics are “HIT” group classes, and it is therefore difficult, if not impossible, to adapt each exercise to particular conditions and maintain constant control and surveillance. Blackburn Athletics will provide, when possible, advice according to your physical condition. You understand and accept that the Services may involve risks and injuries. You remain entirely responsible for judging your physical condition and ensuring that the Services are appropriate for your physical condition, health, and age. Blackburn Athletics encourages you to consult a physician before beginning a fitness program or using the Services, including if you suffer from heart disease, high blood pressure, dizziness, respiratory diseases, or bone or joint disorders. You must comply with all instructions and other specifications provided by Blackburn Athletics with the Services, if applicable. Consequently, you fully assume, with complete discharge of Blackburn Athletics, its shareholders, directors, officers, agents, representatives, or employees, any liability related to the possibility of injury, death, bodily harm, material damage, or other resulting from the Services. You also release Blackburn Athletics from any liability in case of loss or theft of your personal belongings within the premises.

APPLICABLE LAW

These General Terms are governed by the laws in force in the Province of Quebec and must be interpreted in accordance with these laws. Any judicial or quasi-judicial proceedings that may be initiated by you or Blackburn Athletics in relation to the general terms and its Services will be initiated before the Court having jurisdiction in the judicial district of Longueuil, Province of Quebec.

TERMINATION FORM

(Consumer Protection Act, Article 199)

To : BLACKBURN ATHLETICS
130-950 boul. des Prés-Verts
La Prairie (Québec) J5R 0R3
info@blackburnathletics.ca

Date : _______________________________

n accordance with articles 203 and 204 of the Consumer Protection Act, I hereby terminate Contract #_______________________________ concluded on_______________________________ at _______________________________

Consumer signature _____________________________
Consumer name _____________________________
Consumer address _____________________________

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