TERMS AND CONDITIONS - INSTINCT MARTIAL inc.
1. Purpose of the membership
In exchange for payment of the membership, INSTINCT MARTIAL Inc. agrees to allow the member to attend the classes included in their membership, subject to availability, current schedules, compliance with reservation rules, and studio policies.
2. Physical condition and personal responsibility
The member declares that they are physically fit to undertake physical training. It is the member’s responsibility to consult a healthcare professional before beginning any activities offered by INSTINCT MARTIAL inc.
3. Inherent risks
The member acknowledges that the practice of martial arts and physical activities involves inherent risks, including but not limited to injuries, falls, impacts, sprains, and any other injuries that may occur despite appropriate safety measures. Accordingly, the member voluntarily assumes these risks and releases INSTINCT MARTIAL Inc., its representatives, instructors, and employees from any liability for any incident, injury, or damage occurring in the absence of fault on the part of INSTINCT MARTIAL Inc.
4. Personal nature of the membership
This membership is personal and may not be shared. It may be transferred to a third party, subject to prior approval by INSTINCT MARTIAL Inc. and payment of a $50 plus tax administrative fee.
5. Schedules and programming
Opening hours, class schedules, instructors, class content, and programming may be modified at any time. Such changes will be communicated through the studio's official communication channels, including the website and in-studio notices. During the summer season, opening hours and the number of classes offered may be reduced. These changes do not entitle members to any refund, credit, or extension of their membership.
6. Payments and non-payment
In the event of a refused or incomplete payment on the scheduled date, INSTINCT MARTIAL Inc. will attempt subsequent withdrawals. Until full payment is received, access to classes, reservations, and membership privileges may be suspended. Membership access will be reinstated once payment is regularized.
7. Use of content and methods
The member confirms that their sole intention is to practice the discipline offered by INSTINCT MARTIAL Inc. Any reproduction, copying, or partial or total use of the pedagogical content, methods, materials, or programs of INSTINCT MARTIAL Inc. for commercial purposes, without written authorization, constitutes a violation of the studio’s rights and may result in legal action.
8. Discounted memberships
Memberships purchased at a discounted rate are non-refundable and non-creditable, except as provided by the Consumer Protection Act. They may be transferred to a third party for a fee of $50 plus tax, subject to studio approval.
9. Mandatory reservations and cancellations
Reservations and confirmation of attendance are mandatory for each session. Reservations must be made exclusively through the website. No reservations by phone, text message, or email will be accepted. In the event of a cancellation, it is the member's responsibility to cancel their reservation directly through the website, in accordance with the studio's policies. Any unreported absence under a class-pack membership is non-refundable and non-creditable. Repeated violations may result in restricted or suspended reservation privileges in accordance with the studio's policies.
10. Late arrivals and class access
For safety and instructional quality reasons, access to a class may be refused in the event of late arrival or unauthorized early departure.
11. Uniform requirement
Wearing the official uniform is mandatory for all martial disciplines offered by INSTINCT MARTIAL Inc., including Kung Fu and Tai Chi. The uniform must be worn during classes, training sessions, and supervised activities, in accordance with studio guidelines. Access to a class may be refused if this requirement is not met.
12. Studio’s right of termination
INSTINCT MARTIAL Inc. reserves the right to suspend or terminate a member's membership, with or without prior notice, in the event of non-compliance with the studio's rules, policies, professional standards, or any conduct that compromises safety, disrupts the proper operation of activities, disrespects other members, or is contrary to the interests of the studio. Any such suspension or termination shall be without refund.
13. Cancellation by the member
Any request to cancel a membership must be submitted exclusively by email to info@instinctmartial.com at least seven (7) days before the next billing cycle. Requests made in person at the studio, by telephone, text message, Messenger, or by any other means of communication will not be accepted. Requests received fewer than seven (7) days before the next scheduled payment cannot guarantee that the upcoming payment will be cancelled. In such cases, the payment will be processed, and the cancellation will take effect at the end of the membership period covered by that payment. No full or partial refund will be issued for any membership period that has already been billed, except where required by applicable law.
14. Temporary suspension
Temporary suspension of a membership is not automatic and remains at the sole discretion of INSTINCT MARTIAL Inc., in accordance with the policies in effect. Any request for a temporary suspension must be submitted exclusively by email to info@instinctmartial.com at least seven (7) days before the next billing cycle. Requests made in person at the studio, by telephone, text message, Messenger, or by any other means of communication will not be accepted. Requests received fewer than seven (7) days before the next scheduled payment cannot guarantee that the upcoming payment will be suspended. In such cases, the payment will be processed, and the suspension will take effect beginning with the following billing cycle.
15. Force majeure
INSTINCT MARTIAL Inc. shall not be held liable for the cancellation, modification, or suspension of classes or services resulting from force majeure, including but not limited to power outages, natural disasters, severe weather, mandatory building work, pandemics, government directives, or any other circumstance beyond its reasonable control. Such situations shall not entitle members to any refund, credit, or compensation.
16. Conduct and professional framework
All members must behave respectfully toward other members, instructors, and staff. Any breach of the professional framework, the code of conduct, or respect for the studio and its facilities may result in disciplinary measures, including suspension or termination of the membership, without refund.
17. Use of facilities and equipment
Members agree to use the facilities and equipment provided in accordance with the studio's guidelines. Any damage resulting from misuse, negligence, or improper use may be charged to the member.
18. Security cameras
INSTINCT MARTIAL Inc. uses a security camera system in certain areas of the studio for safety purposes, incident prevention, the protection of people and property, and to ensure compliance with the studio's policies. Cameras are never installed in areas where there is a reasonable expectation of privacy, such as changing rooms or restrooms. Footage is reviewed only when there is a legitimate need and is retained in accordance with applicable legal requirements.
19. Official communications
All official communications from INSTINCT MARTIAL Inc. are transmitted through the studio's official communication channels. It is the member's responsibility to ensure that their contact information remains up to date and to review all official communications sent by the studio.
20. Policy modifications
INSTINCT MARTIAL Inc. reserves the right to modify its policies, studio rules, and these Terms and Conditions at any time. The current version is available on the website and becomes effective upon publication, subject to the applicable provisions of consumer protection legislation and any other applicable law.
21. Image rights
Photographs or videos may be taken during classes, training sessions, events, or other activities organized by INSTINCT MARTIAL Inc. for promotional, advertising, or communication purposes. Any member or participant who does not wish to appear in such photographs or videos must notify the studio in writing before participating in the activity concerned.
22. Parental responsibility
The parent or legal guardian of a minor is responsible for the minor’s behavior and compliance with studio rules and policies.
23. Parking
INSTINCT MARTIAL Inc. provides up to three (3) hours of complimentary underground parking for active members and participants attending an introductory session. INSTINCT MARTIAL Inc. is not responsible for charges resulting from lost parking tickets. Parking policies may be modified at any time by the building's management without prior notice. For any parking-related assistance or claims, please contact Gesparc directly at 418-622-9798.
24. Discovery offers
Discovery offers, including but not limited to the Discovery Class and the Discovery Month membership, are reserved exclusively for new participants or new members, as applicable to each offer. The Discovery Class is limited to one (1) session per person. The Discovery Month membership is reserved for new members, defined as individuals who have not subscribed to any regular membership plan (monthly or class-pack) within the previous twelve (12) months, and may only be purchased once during any twelve (12)-month period. No additional promotion or discount may be combined with any discovery offer. Any person who violates these conditions, including by providing false information or attempting to improperly obtain a discovery offer, may be denied access to the applicable activity or have their registration or membership terminated without prior notice and without refund.
25. Discovery Month Membership
The "Discovery Month" membership is reserved exclusively for new members. A new member is defined as any individual who has not subscribed to any regular membership plan (monthly or class-pack) within the previous twelve (12) months. This membership may only be purchased once during any twelve (12)-month period. No additional promotion or discount may be combined with this membership. Any person who violates this policy, including by providing false information or attempting to improperly obtain this promotion, will have their membership terminated without prior notice and without refund.
26. Student discount
The student discount applies exclusively to post-secondary students upon presentation of a valid student ID. It is valid for monthly memberships and class-pack memberships, excluding the "Discovery Week", "Discovery Month", and single-class options. This discount cannot be combined with any other promotion.
27. Family discount
The family discount applies to monthly memberships only and is available to members of the same immediate family living within the same household.
28. Personal belongings
INSTINCT MARTIAL Inc. is not responsible for the loss, theft, or damage of personal belongings. Members are responsible for storing their belongings securely.
29. Hierarchy of documents
These Terms and Conditions shall be read together with the studio's rules and policies. In the event of any inconsistency, these Terms and Conditions shall prevail unless expressly stated otherwise. In the event of any discrepancy or difference in interpretation between the French and English versions of these Terms and Conditions, the French version shall prevail.
NOTICE REQUIRED BY THE CONSUMER PROTECTION ACT
(CONTRACT ENTERED INTO WITH A MERCHANT OPERATING A HEALTH STUDIO)
The consumer may cancel this contract without cost or penalty before the merchant has begun to perform its principal obligation by sending the attached form or any other written notice to the merchant.
If the merchant has begun to perform its principal obligation, the consumer may cancel this contract within a period equal to one-tenth (1/10) of the duration provided for in the contract by sending the attached form or any other written notice to the merchant. This period begins at the time the merchant begins to perform its principal obligation. In such a case, the merchant may not require the consumer to pay more than one-tenth (1/10) of the total price provided for in the contract.
The contract is cancelled without further formality upon sending the form or notice. Within ten (10) days following cancellation, the merchant must refund any amount owed to the consumer.
The consumer would benefit from consulting sections 197 to 205 of the Consumer Protection Act (CQLR, c. P-40.1) and, if necessary, contacting the Office de la protection du consommateur.