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. Accordingly, the member agrees to assume these risks and releases INSTINCT MARTIAL inc., its representatives, instructors, and employees from any liability resulting from an incident occurring without fault on the part of the merchant.
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 and class schedules may be modified at any time. Such changes will be communicated through the studio’s official channels, including in-studio postings and the website. During the summer period, opening hours and the number of classes offered may be reduced.
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 cancellation, it is the member’s responsibility to cancel their reservation directly through the website, in accordance with applicable policies. Any unreported absence under a class-pack option is non-refundable and non-creditable. Repeated violations may result in restricted or suspended access to reservations.
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 terminate a member’s membership in the event of non-compliance with studio rules, policies, the professional framework, or in the case of inappropriate behavior, without refund.
13. Cancellation by the member
Monthly memberships may be cancelled at any time without penalty. Cancellation requests must be sent by email to info@instinctmartial.com at least seven (7) days before the next billing cycle. Otherwise, the payment processed will not be refunded and the membership will remain active for one additional month before termination.
14. Temporary suspension
Temporary suspension of a membership is not automatic. All requests must be submitted in writing and are granted at the sole discretion of INSTINCT MARTIAL inc., in accordance with studio policies.
15. Force majeure
INSTINCT MARTIAL inc. cannot be held responsible for the cancellation or suspension of classes resulting from force majeure, including but not limited to power outages, disasters, weather conditions, imposed construction work, government directives, or any other situation beyond its control.
16. Conduct and professional framework
All members must behave respectfully toward other members, instructors, and staff. Any breach of the professional framework, rules of conduct, or respect for the premises may result in sanctions, 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 studio guidelines. Any damage resulting from misuse, negligence, or non-compliant use may be billed 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, protection of people and property, and to ensure compliance with studio 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 legitimately required and is retained in accordance with applicable legal obligations.
19. Official communications
All official communications from INSTINCT MARTIAL inc. are transmitted through the studio’s official channels. Members are responsible for ensuring their contact information is up to date and for reviewing all communications sent.
20. Policy modifications
INSTINCT MARTIAL inc. reserves the right to modify its policies, rules, and conditions at any time. Updated versions are available on the website and apply as of their publication.
21. Image rights
Photos or videos may be taken during activities for promotional or communication purposes. Any person who does not wish to appear must notify the studio in writing.
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. offers up to three (3) hours of free underground parking to active members and participants in a trial session. INSTINCT MARTIAL inc. is not responsible for fees related to lost parking coupons. For any parking-related claims or assistance, please contact the parking management company Gesparc at 418-622-9798.
24. Student discount
The student discount applies to post-secondary students only, upon presentation of a valid student card.
25. 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.
26. 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.
27. Hierarchy of documents
These terms and conditions must be read in conjunction with the studio guide and applicable policies. In the event of a discrepancy, the policies and conditions in force shall prevail. 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.