TERMS & CONDITIONS PHYSI-K INC.

Physi-K inc. (hereinafter “Physi-K”) offers gymnastics & cheerleading classes and activities for children and adults, as well as training (hereinafter the “Activities”).

I, the person responsible for the registration, declare that I am duly authorized to act for and on behalf of the minor(s) and/or myself for participation in one or more of Physi-K’s activities, in accordance with the terms and conditions of this document.

By registering with Physi-K, you accept these terms and conditions and its appendices, which apply to all activities offered by Physi-K.

Activities and services

Physi-K offers a variety of activities and services. Rules and regulations specific to these activities are appended to these terms and conditions.

• Recreational, advanced & competitive (elite) gymnastics
• Recreational, advanced & competitive (elite) cheerleading
• Room rental
• Birthdays
• Free gym
• Day Camp
• Private lessons
• Training for adults
• Various events
• Outputs

Location

Unless otherwise specified, all activities will take place from Physi-K at the following address: 2858 Boul. Industrial, Laval, H7L 3S2

Cost, cancellation & refund

• Payments must be made by the dates requested by Physi-K or the registration will be automatically cancelled without notice and Physi-K will refuse access to activities until payment is received.
• Costs are payable to Physi-K before the start of activities by credit card (Visa or Mastercard) or cash.
• If several minors are registered in the same file and this file has a balance due, Physi-K reserves the right to refuse access to all family members registered for an activity until the balance has been paid in full.
• If a registration is cancelled before the start of the activity, the fees paid will be refunded in full.
• Any activity missed, for whatever reason, will not be reimbursed, moved or credited.
• Refunds can only be made in the event of injury or health problems, on presentation of a medical bill stating the obligation to stop activities. The amount of the refund will be calculated on a pro rata basis according to the number of activities remaining at the time the medical certificate is obtained.
• If an activity is cancelled after it has started and on presentation of a medical certificate, a refund of the remaining value of the activity will be made less a penalty of 10% of the price of the activity not used.
• If Physi-K cancels an activity, the course will be rescheduled. If Physi-K is unable to deliver the activity, you will receive a credit to your registration account.
• If an activity does not reach the minimum number of registrations required and Physi-K must cancel it, a postponement, credit or refund will be granted according to Physi-K’s decision.
• Credits and repayments are non-transferable.
• Private activities and room reservations must be cancelled at least 24 hours in advance. If this deadline is not met, a fee of 10% of the reservation price will be charged.
• Prices for activities are not fixed and may change without notice.

Acceptance of risk, limitation of liability, release and waiver for all activities taking place at Physi-K

• I am aware of the nature of the activities offered by Physi-K and therefore acknowledge and accept that by participating and/or allowing members of my registration account to participate, there is a risk of injury, which can be very serious.
• As a participant in free or directed training, I acknowledge and accept that the practice of this carries inherent risks, regardless of the level of staff supervision as well as the participant’s level of skill and experience, including, but not limited to: physical injury, notably due to a fall or poor movement, such as tears, strains, sprains, strains, fractures, dislocations, concussions, or any other injury in addition to injuries resulting from accidental or unintentional contact between participants, injury with an object located on the activity site, such as equipment, etc.
• If certain participants present particularities in terms of health, motor skills or understanding of the instructions, the Physi-K managers must be informed in order to advise the coaches.
• I accept full responsibility for any bodily, moral or material damage resulting from the inherent risks or dangers.
• Refusal to accept this waiver of liability entitles Physi-K to exclude my participation in the activities.
• I agree that all members of my registration account will abide by the safety guidelines in place as well as any additional guidelines provided by the Physi-K employee(s). I further agree that all members of my registration account will participate in the workshop according to their skill level.
• Any person who does not practice the various activities safely or who does not respect the rules listed above may be expelled from the session or lose access to Physi-K.
• I agree that all members of my registration account may remain at home if they have a fever, if their condition does not seem suitable for sports or if they have a contagious infection.
• I authorize Physi-K to provide all members of my registration account with all necessary nursing care in the event of accident or injury. I also authorize transportation by ambulance, or otherwise, to a hospital facility if deemed necessary by Physi-K management or staff.
• On behalf of all the members of my registration account, I waive all recourse for any bodily injury or loss of property, during our presence on the site, during participation in one or more of the Physi-K activities, whether such damage or loss is caused by an accident, the fault of a third party or otherwise. This waiver benefits Physi-K, its directors, employees, members and assigns as well as promoters, participants, or any other individual or legal entity having participated in the realization of the activity, its implementation, or its promotion.

Photos and videos

By creating a registration account and registering one of the account members, I authorize Physi-K to use all photographs and/or videos for advertising purposes, brochures, newspapers, social networking websites etc. All materials remain the property of Physi-K. I agree to notify Physi-K by email if I do not wish photos or videos of members of my registration account to be taken and/or published.

Communication

By creating a registration account and registering one of the members of the account, I authorize Physi-K to communicate with me or with the persons registered in my registration account by electronic or other means to provide us with messages, information or promotions related to Physi-K activities. In order to receive all important information, I also agree to have my e-mail address added to the Physi-K newsletter, but I understand that I may unsubscribe at any time.

It is the registration account manager’s responsibility to check email and junk mail regularly and to follow us on our social networks to keep up to date.

Cancellation

“Mention required by the Consumer Protection Act.

(Successive performance service contract for teaching, training or assistance)

The consumer may terminate this contract at any time by sending the attached form or other written notice to that effect to the merchant.

The contract is cancelled, without further formality, as soon as the form or notice is sent.

If the consumer terminates this contract before the merchant has begun to perform its principal obligation, the consumer has no costs or penalties to pay.

If the consumer cancels the contract after the trader has begun to perform his main obligation, the consumer only has to pay :

1. the price of the services provided, calculated at the rate stipulated in the contract; and
2. the lesser of $50 or a sum not exceeding 10% of the price of the services not provided.

Within ten days of terminating the contract, the merchant must return the money owed to the consumer.

Consumers should consult sections 190 to 196 of the Consumer Protection Act (R.S.Q., c. P-40-1) and, if necessary, contact the Office de la protection du consommateur.

Force majeure

Physi-K shall not be in default under this contract if the performance of its obligations, in whole or in part, is delayed or prevented as a result of force majeure. Force majeure is an external, unforeseeable, irresistible event that makes it absolutely impossible to perform an obligation.

Day Camp

I authorize my child to travel with his or her group and monitors by school bus and/or Laval transportation company for outings to the park, pool or special outings.

Declaration and commitment

We, (I and the members of my registration account) declare that we have read the risks and conditions listed in this form and that we are able to undertake the program with full knowledge of the various clauses and accepting the risks that may be involved in the activities for which we are registering.

Appendix A

STUDENT CODE OF ETHICS

• Respect all Physi-K employees, members and other parents/participants
• Use appropriate language and act respectfully at all times with the Physi-K team and others
• Leave the premises clean when you leave a room
• No food or beverages are allowed in the gym (except water).
• Have fun and a positive attitude during training sessions
• Sportswear must be worn according to the requirements of the sport (Gymnastics: Jersey, shorts, bare feet. Cheerleading: Shorts, sports top, t-shirt, flat running shoes, light and well tied).
• Hair must be securely tied and face must be kept clear to ensure the athlete’s safety at all times.
• It is forbidden to wear a headband.
• Jewelry, neck chains, foot chains, bracelets and watches are strictly forbidden. Physi-K reserves the right to ask participants to remove them before the course.
• Glasses may be worn with a safety strap
• All athletes’ personal belongings must be deposited in the changing rooms. No valuables may be brought in. Physi-K is not responsible for lost or stolen items.
• An identified reusable water bottle is mandatory and must be left in designated areas.
• No athlete is authorized to be in the gym area outside class hours and activities.
• Clothing from other associations/clubs may not be worn during training sessions.
• It is forbidden to chew gum or other sweets during training sessions.
• False nails are forbidden and natural nails must be kept short.

PARENTS’ CODE OF ETHICS

• Respect coaches and their decisions
• Do not interfere with your child’s training or practice.
• Encourage your child to practice his or her sport, with pleasure and encouragement, and recognize his or her fears, limits and successes.
• Stay as quiet as possible in the parents’ room. If you bring your children but they are not participating in a class, they must remain with you at all times in the parents’ room. We ask you to keep an eye on them so that they do not endanger their safety or disturb other parents.
• Pick up your child at the end of the activity. We will tolerate a 5-minute delay, but beyond that, a charge of $1 per minute may apply.
• The area next to the changing rooms is reserved for parents and visitors to watch the activities. No other place is tolerated for observing activities
• If you wish to speak to your child’s coach, please do so before or after the activity, as appropriate.

trainer availability

• Respect all rules and instructions given by Physi-K coaches and staff and ensure that your child follows them.
• Any type of aggression, negative attitude towards a coach, athlete, parent and/or Physi-K staff member will not be tolerated.

• We reserve the right to cancel your registration if you fail to comply with any of our codes of ethics.

Appendix B

Details of certain activities

COMPETITIVE LEVEL (ELITE)

Cheerleading :

-When you sign up, be aware that cheerleading is a team sport. The absence of an athlete can jeopardize the progress and success of other students and the team. Attendance and punctuality at all practices and events are crucial. We understand that exceptional circumstances may arise, but you must notify your child’s coach.

-Please do not prevent your child from practicing as a punishment for bad behavior. Cheerleading makes a positive contribution to your child’s life. Preventing him from showing up for practice will have negative consequences for the rest of the team, including the coaches.

Gymnastics & cheerleading

-Competitions and events are compulsory and you must ensure that your child attends at the time requested.

– We recommend arriving 15 minutes before practice time to change clothes, remove jewelry and tie up hair.

-The athlete must demonstrate an exemplary attitude: respect, positive attitude, diligence, team spirit, desire to excel and motivation.

Important information is communicated by e-mail or posted on your team’s Facebook or Messenger groups. Parents and students agree to consult them regularly. -The use of cell phones is prohibited during activities except with the approval of the coach for learning purposes.

-The student agrees to be part of the team for the entire season.

-Students must take part in all competitions.

-The person responsible for the registration account undertakes to pay the competition fees, clothing and any other fees on time.

-While some practices are not compulsory, it is strongly recommended that you take part in them to improve your performance.

-Tryout results are not official until the regular season begins. If an athlete does not train for several weeks and no longer has the same skills, she may be reclassified.

BIRTHDAY

-A deposit of half the estimated cost is required to reserve a Physi-K anniversary date.

-You can arrive 30 minutes early to prepare the party room.

-Please leave the party room clean on your departure.

-Accompanying persons are welcome, but may not take part in the activity unless they are registered and have paid the fee.

-You must leave the room at the scheduled end of the party or you will be charged $60 per half-hour.

FREE GYM

-To take part in our free gym, each participant must have paid the fees and accepted Physi-K’s disclaimer/terms & conditions. (QR code at Physi-K reception)

-Minors may only be registered by a parent/guardian or in the presence of their parent/guardian when registering in person.

-Children under 10 must be accompanied by an adult for the duration of the activity.

-Only registered Physi-K members and accompanying adults of children under 10 have access to the gym during the free gym period.

-Physi-K trainers are only on hand to ensure safety and answer questions. Participants should ask for help if needed.

– The participant’s skill level must be respected. No new and/or unmastered movements may be made without the approval of the on-site coach.

-It is essential to respect the hours allocated to free practice. Participants have access to the stage at the exact start time only and must vacate the premises at the scheduled time.

-You must use the equipment properly to avoid breakage.

-You must replace all the equipment you use

-Access to the Move room is forbidden

-Any person who does not practice our various activities in a safe manner or who does not respect the rules listed above may be expelled from the session or lose access to Physi-K.

Dress code :

Well-tied hair

-No jewelry

Gymnastics: Jersey, shorts or tight-fitting sportswear. Barefoot.

Cheerleading: Shorts, camisole or sports top. T-shirt allowed. Lightweight, securely fastened running shoe.

ROOM RENTAL

-You must leave the rented space in the same condition as when you arrived.

-You will have access to the rented space at the exact time of rental.

-You must leave the room on time or be charged $60 per half-hour.