GENERAL TERMS AND CONDITIONS OF SALE BLACKBURN ATHLETICS & BLACKBURN PILATES
Last updated: July 2026
Welcome to the Blackburn Athletics and Blackburn Pilates website. By browsing or conducting transactions on our websites www.blackburnathletics.ca, www.blackburnpilates.com, and blackburnfitness.marianatek.com (the “Websites”), you accept our general terms and conditions of sale (the “Terms and Conditions”), as amended from time to time in accordance with the “Amendments to These Terms and Conditions” section below. Any substantial amendment to the Terms and Conditions will also be indicated by changing the “Last updated” date at the top of this page.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OR BY OUR PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITES AND/OR CONDUCTING TRANSACTIONS THEREON.
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 & Blackburn Pilates offers you fitness services, group classes, and personalized fitness programs (hereinafter collectively, the “Services”). For further information regarding the service offerings available, we invite you to review the sections provided for that purpose on our Websites.
Payment and Transaction
Payment Security
To carry out transactions, in particular to register for 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 when registering for our Services.
Blackburn Athletics & Blackburn Pilates uses secure servers belonging to third parties, which have administrative and technical measures in place to protect the confidentiality and integrity of transactions and the information arising therefrom.
However, Blackburn Athletics & Blackburn Pilates cannot guarantee that unauthorized access and breaches of security measures will never occur. Prior to any purchase, you may review the policies of the “Paysafe” transaction platform or the “Blackburn Fitness” application.
Prices
Prices are displayed in Canadian dollars (CAD) and are subject to change without notice, at any time and at the sole discretion of Blackburn Athletics & Blackburn Pilates.
Blackburn Athletics & Blackburn Pilates reserves the right to correct any pricing error caused by typographical, clerical, or technical errors, as well as to correct any error caused by incorrect or incomplete information provided by you.
Methods of Payment
Payment for the Services may be made in full at the time of registration or subscription renewal, or by monthly installments at the beginning of each month. The accepted methods of payment are as follows: by credit card; by debit card in person; by cash in person.
Any payment with insufficient funds is subject to an administration fee of twenty-five dollars ($25.00). In the event of late payment, interest charges of two percent (2%) per month (twenty-four percent (24%) per year) will be calculated on the outstanding net balance. In such situations, at the sole discretion of Blackburn Athletics & Blackburn Pilates, the Services may be automatically suspended.
This rate is compliant: since January 1, 2025, the criminal interest rate under section 347 of the Criminal Code has been capped at 35% on an annual percentage rate basis. A rate of 24% per year is well below this cap.
Cancellation of a Reserved Class
You must notify Blackburn Athletics & Blackburn Pilates of your absence from a reserved class at least two (2) hours before it begins. If cancelled less than two (2) hours before the start of the class, the class will be considered used and forfeited.
Booking, Cancellation, and Unannounced Absences (“No-Shows”)
Late Cancellation (Less Than Two (2) Hours Before Class)
The reserved class will be deducted from your card, package, or booking right. A late cancellation fee of five dollars ($5.00) for Blackburn Athletics, or ten dollars ($10.00) for Blackburn Pilates, will also apply.
Unannounced Absence (“No-Show”)
The reserved class will be deducted from your card, package, or booking right. An unannounced absence (“no-show”) fee of ten dollars ($10.00) for Blackburn Athletics, or fifteen dollars ($15.00) for Blackburn Pilates, will also apply.
The fees provided for in this section are automatically charged to the credit card associated with your account. You may revoke this billing authorization at any time by notifying Blackburn Athletics or Blackburn Pilates in writing; however, such notice does not relieve you of fees already incurred prior to its receipt.
Termination of Services and Refund
Termination Without Cost
Notice required under the Consumer Protection Act (Contract entered into by a merchant operating a health studio):
“The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached hereto or another notice in writing for that purpose to the merchant. If the merchant has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1/10 of the duration prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract. The contract is cancelled, without further formality, upon the sending of the form or notice. Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the money he owes him. It is in the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”
This notice complies with section 47 of the Regulation respecting the application of the Consumer Protection Act and is reproduced as is — it is the text prescribed by law, not text to be reworded.
After the period provided for under the Consumer Protection Act (i.e., after 1/10 of the contract term following the start of performance), you may terminate your recurring subscription by sending a notice of termination by registered mail or email to the following address: info@blackburnathletics.ca, at least 30 days before the desired termination date. If the request is submitted at least 30 days before the contract’s end date, no cancellation fee will be charged to the client.
Termination With Cost
After the period provided for under the Consumer Protection Act, you may terminate your monthly or annual subscription, your Ă la carte services, or your recurring subscription with less than 30 days’ notice by sending a notice of termination by registered mail or email. In that case, a termination fee equivalent to fifty dollars ($50.00) will be due. It will be deducted from the amount to be refunded, if applicable.
Termination by Blackburn Athletics & Blackburn Pilates
Blackburn Athletics & Blackburn Pilates reserve the right to terminate the Services in the event of default in payment, non-compliance with the policies and general terms and conditions of sale, non-compliance with the code of conduct, or any other breach of applicable regulations and laws.
Subscription Term and Renewal
Upon expiry of the current month, the subscription automatically continues, month to month, for an indefinite term, without requiring any new fixed-term contract. You may then terminate your subscription at any time upon thirty (30) days’ written notice, in accordance with the “Termination of Services and Refund” section; termination prior to the expiry of the minimum two (2) month commitment remains governed by that same section.
Since the continuation of the subscription does not constitute a renewal into a new fixed-term contract, but rather the simple continuation of a plan with no fixed term, the renewal procedure set out in section 15.2 of the Regulation respecting the application of the Consumer Protection Act does not apply to this transition.
Suspension of Services
Blackburn Athletics & Blackburn Pilates authorize you, in certain situations including, but not limited to, pregnancy, illness, travel, relocation, injury, or any other reason deemed sufficient, to suspend the Services.
The suspension may be used twice (2) over the entire term of the subscription, and each of these two (2) suspensions must be for a period of at least one (1) week and at most one (1) month. Any suspension of the Services must be justified in writing and authorized in advance in writing by Blackburn Athletics or Blackburn Pilates. The originally subscribed subscription period will be extended by the duration of the permitted suspension.
Transfer and Resale of À La Carte Services
Only Ă la carte services are transferable to a person of your choosing. Blackburn Athletics is not responsible for finding you a third party or member for the transfer or resale of your Ă la carte services. When transferring an Ă la carte service, you must first contact Blackburn Athletics or Blackburn Pilates, who will transfer the classes from one account to another. Blackburn Athletics & Blackburn Pilates will not be responsible for the financial terms of the transfer agreed upon between the third party and yourself. Transfers and resale of an annual subscription to third parties are not permitted.
Modification of Subscription
At any time, you may 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). Upon upgrading, a new Contract will be entered into as of that date. 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 your current subscription, pay any applicable termination fees, and subscribe again by selecting the desired plan.
Sharing for 50-Class À La Carte Services
Only Ă la carte services of fifty (50) classes allow sharing of the services with a second person of your choosing who resides at the same mailing address. Proof of residence (driver’s license, electricity bill, phone subscription bill, etc.) will be required. The second person with whom you wish to share your Ă la carte services must remain the same person from the beginning of the Services until the end.
Consent to Use of Image
By accepting these Terms and Conditions, you authorize the distribution and use, current or future, of any image of you, audio, or other media material, across all media, in whole or in part, with or without your name, individually or together with other images or videos, for promotional purposes for Blackburn Athletics and Blackburn Pilates, all without sending you further notice or asking you to approve the 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.
Protection of Personal Information
Blackburn Athletics & Blackburn Pilates place great importance on the privacy of their Clients. All personal documents, materials, and information (“Information”) that you provide, or that result from the performance of the Services, is considered confidential in nature. It is understood that Blackburn Athletics & Blackburn Pilates shall use the Information only for the purposes set out in their respective Privacy Policy, may only reproduce it when necessary or where authorized by law, and shall refrain from disclosing it to any uninvolved third party without your prior written authorization.
For further information, you may refer to the Privacy Policy of Blackburn Athletics or that of Blackburn Pilates, depending on the entity concerned.
Use of Artificial Intelligence
Blackburn Athletics & Blackburn Pilates may use artificial intelligence tools to communicate with you (text messages, emails), follow up on your requests, support their sales and business development activities, as well as for certain administrative and operational tasks. The processing of your personal information in this context, including your rights to transparency, consent, and human review, is governed by the applicable Privacy Policy.
Limitation of Liability
You acknowledge that Blackburn Athletics & Blackburn Pilates do not provide medical advice or other health-related advice, and that you remain responsible for providing all relevant information. The main services offered by Blackburn Athletics are “HIIT”-type group classes; it is therefore difficult, if not impossible, to adapt each exercise to particular conditions and to constantly monitor and supervise it. Blackburn Athletics & Blackburn Pilates will provide, where possible, advice tailored to your physical condition.
You understand and acknowledge that the Services may involve risks and injuries inherent to any physical activity. You remain responsible for judging your own physical condition and ensuring that the Services are appropriate for your physical condition, health, and age, and are encouraged to consult a physician before beginning a fitness program, particularly if you suffer from heart disease, high blood pressure, dizziness, respiratory illness, or bone or joint disorders. You must comply with all instructions and specifications provided with the Services.
Acknowledgment of Inherent Risks — To the extent permitted by law, you assume the normal risks inherent to the practice of physical activity, including the risk of injury resulting from your own physical condition or failure to follow the instructions given. Blackburn Athletics & Blackburn Pilates nevertheless remain liable for bodily or moral injury caused by their own fault, including that of their employees or representatives in the performance of their duties.
You also release Blackburn Athletics & Blackburn Pilates from all liability in the event of loss or theft of your personal belongings on the premises, to the extent that such loss or theft does not result from their own gross or intentional fault.
Applicable Law
These Terms and Conditions are governed by the laws in force in the province of Quebec and must be interpreted in accordance with those laws. Any judicial or quasi-judicial proceeding that may be brought in connection with these Terms and Conditions and the Services shall be brought before the Court having jurisdiction in the judicial district of Longueuil, province of Quebec.
Amendments to These Terms and Conditions
We may amend these Terms and Conditions at any time. Any substantial amendment will be communicated to you by written notice, sent at least thirty (30) days before it takes effect, indicating the nature of the amendment, the prior version, the effective date, as well as your right to refuse the amendment and terminate the contract without cost if it increases your obligation or reduces ours.
Termination Form
(Consumer Protection Act, section 199)
To: BLACKBURN ATHLETICS — 130-950 boul. des Prés-Verts, La Prairie (Québec) J5R 0R3 — info@blackburnathletics.ca
To: BLACKBURN PILATES — 700 Boul. des Promenades, Saint-Bruno-de-Montarville (Québec) J3V 5J5 — info@blackburnpilates.com
Date form sent:
Pursuant to section 204 of the Consumer Protection Act, I am terminating contract (indicate the number, if applicable) number: _________, entered into on (date the contract was entered into) at (place the contract was entered into).
Consumer’s name:
Consumer’s signature:
Consumer’s address: