Oval Conditions of Entry
The Member’s use of the Facility and services will be governed by this Membership Agreement. The Membership Agreement includes the terms and conditions listed below, as well as the Operator’s Oval Policies, Etiquette and Conditions of Entry (the “Oval Conditions of Entry”) which are incorporated into and form an integral part of this Member Agreement. The member agrees that it is the responsibility of the Member to become and remain familiar with the Oval’s Conditions of Entry.
The “Facility” shall mean the Richmond Olympic Oval. The “Operator” shall mean the Richmond Olympic Oval Corporation, its representatives and assignees. The “Agreement” shall mean this Membership Agreement. The “Member” shall mean the person who has signed the Agreement.
Membership Terms and Payment
Please be advised that different agreement terms and fees apply for different membership/pass options. Monthly Continuous Memberships are continuous memberships that do no have an expiry date.
In consideration of the Operator granting the Member immediate membership, the Member shall pay a fee. Failure on the Member’s part to take advantage of the privileges of membership shall not relieve the Member from payments due.
Pre-Authorized Payment Options
The Member authorizes the Operator to deduct monthly membership fees from a valid Credit Card (Visa, Mastercard or American Express), or directly from a bank account at an accredited financial institution. The Member is responsible for any bank/financial institution charges incurred due to insufficient funds and/or an invalid card. After three (3) consecutive declined payments a late fee of $50 (plus tax) will be charged.
Unless indicated otherwise, the Operator agrees to provide the following services to the Member during regular hours of operation: Access to the Facility; fitness Equipment, drop-in fitness classes, climbing wall, sport courts, tracks, and rinks at scheduled times.
The Operator has the right to add or take away inclusions to the membership without any notice.
Membership Holds & Cancellations
The Member may place their membership on hold up to twice per calendar year for a cumulative maximum of four (4) months. All membership privileges will be suspended during the hold period. Requests for membership holds must be submitted in writing using the form requested by the Operator at least five (5) days prior to the hold start date and must specify the duration of the hold period. Membership holds cannot be backdated. Membership holds requested for a medical condition preventing the use of the Facility must be accompanied by a note from the medical service provider indicating the duration of the leave of absence. Medical holds accompanied by a doctor’s note will not be included in the member’s yearly hold entitlement. Any requests during a hold period for an extension of the hold period will be treated as a new request for a new hold. This hold period policy may be amended by the Operator at any time on notice to the Member.
The Member wishing to cancel their membership must submit their cancellation in person using the form requested by the Operator, at least Thirty (30) days prior to the requested cancellation date, or in the alternative, will be charged the equivalent of one month’s membership fee at the time of cancellation. Members will have access to paid time remaining on their membership. Cancellations and Holds will not be accepted by phone. The additional one month’s membership fee may be waived by the Operator in its sole discretion if the Member provides the Operator written evidence of I) a medical condition preventing use of the Facility, or II) a change of residence to a location more than 30 km from the Facility. Cancellations will be processed as per the cancellation date stipulated on the form on the condition that 30 days’ notice is received, and no outstanding balance remains on the account. Cancellations may not overlap or run consecutively with a hold request. Cancellations cannot be backdated, including for reasons of lack of use. One Month Passes, Ten Visit Passes, or Promotional Memberships are not eligible for holds or cancellations.
Annual Paid in Full Memberships are not eligible for refunds. A member wishing to cancel will receive a prorated refund if the Member provides the Operator written evidence of a medical condition preventing use of the Facility.
The cancellation policy may be amended by the Operator at any time with 30 days’ notice to the Member.
Cancellation Within 10 Days
The Member may cancel this contract from the day Member enters the contract until 10 days after the date of first purchase. A reason for cancelling is not required. To cancel, the Member must give notice of his/her cancellation in person at the Facility. Refunds will be calculated based on usage during the 10-day period.
Membership rates are subject to change. Should there be any fee increases in membership, it will take effect on the membership anniversary date. The Member will receive notification of a fee increase at least 30 days in advance. It is the Member’s responsibility to inform the Operator of any changes in their mailing address, credit card information and email address.
There will be a $15 replacement fee for lost or stolen Membership Cards. The Member must be in good standing with proof of identification to be eligible to have a replacement card issued. There will be a $15 replacement fee for lost or stolen locker keys which must be paid prior to any locker being opened by the Operator. The Member may incur a “Late Cancel” or “No Show” fee for failure to adhere to Oval Corp’s reservation terms and conditions. Applicable taxes will be applied.
Breach of the Terms of this Agreement
If the Member fails to do any of the following: a) fails to make any payment required by this Agreement b) breaches any material term of this Agreement, OR c) fails to adhere to the Operator’s policies, procedures, or the Oval conditions of entry, the Operator may at its sole option declare this Agreement terminated and the Member shall not be entitled to claim any damages, reimbursement, compensation or remuneration of any kind in respect of such termination.
The Operator reserves the right to cancel, reschedule or alter Facility usage in the event that conditions arise that necessitates cancellations or alterations, including, without limitation: strikes, lockouts, fire, flood, interruption of utility service, earthquake or other “acts of God”, war, terrorist acts or other events beyond the reasonable control of the Operator. In the event of such cancellation, rescheduling or alteration, the Member shall have no claim against the Operator for damages.
Disclaimer and Indemnity
As a condition of the Member’s attendance at the Facility, the Member assumes all risk of personal injury, death or property loss, whether occurring prior to, during or subsequent to Member’s attendance at the Facility, resulting from any cause whatsoever, including negligence on the part of the Operator or its directors, officers, employees, volunteers, agents and contractors (the “Operator’s Personnel”). The Member agrees that the Operator and the City of Richmond, its elected officials, officers, employees, volunteers, agents and contractors (collectively, “City”) shall not be liable for any such personal injury, death or property loss and releases the Operator, the Operator’s Personnel and City and waives all claims with respect thereto.
The Member shall indemnify, defend and save harmless the Operator, the Operator’s Personnel, the Facility and the City from and against any and all losses, claims, actions, damages, liability, costs or expenses, including legal fees, on an indemnity basis, claims for personal injury or death, property damage, or any other loss or damage (the “Losses”) arising out of or caused by any breach of the terms of this Agreement and the Member’s use of the Facility.
COVID – 19
The novel coronavirus, COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial and local governments recommend social distancing. Oval Corp. has put in place preventative measures to reduce the spread of COVID-19. However, Oval Corp. cannot guarantee that the member or the Member’s child(ren) will not become infected with COVID-19. Further, the Member knowingly acknowledges that by attending the Richmond Olympic Oval, this could increase the risk for them and or their child(ren) to contract COVID-19.
The Member knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of Oval Corp. or others, and assumes full responsibility for their participation. The Member, for themselves and on behalf of their heirs, assigns, personal representatives and next of kin, hereby releases and holds harmless Oval Corp., the City of Richmond, their owners, coaches, contractors and/or employees, and, if applicable, lessees of Oval Corp. With respect to any and all injury, disability, sickness, infection, disease, death, or loss or damage to person or property, whether caused by the negligence of the releasees or otherwise. In the event that I require medical attention, the Member consents to be transported to the nearest emergency centre and receive medical treatment, including by ambulance if necessary, and accepts that they are responsible for any costs of such ambulance service.
A PARENT or LEGAL GUARDIAN must consent to and agree to the terms and conditions outlined in this document if you are a minor. (Age 18 or Younger)
The Member acknowledges that this Agreement, and any other forms completed at the same time, constitute the entire understanding between the Member and the Operator, and that no other understanding or agreement exists between the Member and the Operator, and that neither the Operator nor any of its representatives or employees have made any expressions or implied warranties or representation of any kind to induce the Member to enter into this Agreement, (including without limitation that the Operator’s programs, facilities, or advice have been or are approved by any medical authority) other than those warranties or representation set forth in this Agreement.
If any portion of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect.
Consent and Privacy
The Member agrees to receive communications from the Operator regarding Oval memberships, programs, services and products, including and but not limited to news, updates and promotions. The Member can withdraw consent at any time.
The Member consents to the storage of their personal information, including name, address and photo. As part of the terms of this agreement, the Member understands that their personal information may be stored and processed by the Oval Corp’s service providers, MindBody Inc (Mind Body Online) and Stages Flight in the United States of America, or in any other country where Mind Body Online, Stages Flight or their respective affiliates, subsidiaries or service providers are located. Mind Body Online and Stages will retain the Member’s personal information for as long as it is providing services to said Member, and thereafter until such time as the Member requests that Mind Body Online and Stages Flight delete their personal information. This may be done through the “My Preferences” page at https://www.mindbody.io and by requesting deletion of data at email@example.com.
Hours of Operation
The hours of operation may change subject to public response and requirements of the Operator. During regular hours of operation there is potential that maximum capacity could be reached, should this occur, the Operator retains the right to limit service.
Alcohol and Smoking
The Member shall not bring or consume alcoholic beverages in the Facility except in a licensed restaurant. Smoking is prohibited on Facility property.
The Member shall not broadcast music in the Facility without the prior approval of the Operator. The Member agrees that music sound volumes shall be kept to a reasonable level (in the opinion of the Operator).