Canada Outdoor Pool Access Terms and Conditions

Effective Date: Date of Purchase Stated in Your Confirmation Email for New Members

Effective Date: Date of Purchase Stated in Your Confirmation Email for Members Reactivating to a General Access Membership from being On-Hold at all Life Time Centers on or after May 9, 2023.

 

For our Georgia clubs: Georgia Outdoor Pool Access Terms and Conditions

For our Ohio clubs: Ohio Outdoor Pool Access Terms and Conditions

For all other clubs: Outdoor Pool Access Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

Your Rights under the Consumer Protection Act, 2002 (Ontario)

You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice.  If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

This agreement was solicited, negotiated, and concluded either via an electronic online process initiated and executed by the consumer or if outdoor pool access was purchased at a Center by the Concierge Manager or their designee. Please visit or call your Primary Center to contact the Concierge Manager for all related inquiries.

Life Time Ajax: (905) 619-0211

Life Time Mississauga: (905) 363-0200

Life Time Woodbridge: (289) 290-6600

Cancellation of my Outdoor Pool Access.  I may provide written notice of cancellation either (the “Notice Methods”):

(a) in person at your Primary Center,

(b) by mail to your Life Time Primary Center:

Life Time Ajax, 100 Beck Crescent, Ajax, ON L1Z1C9

Life Time Mississauga 3055 Pepper Mill Court, Mississauga, ON L5L 4X5

Life Time Woodbridge, 7405 Weston Road, Vaughan, ON L4L0H3

(c) by sending an email to Accountservices@lt.life.

The Outdoor Pool Access

These Outdoor Pool Access Terms and Conditions, (which shall include, without limitation, any confirmation email you receive in connection with this purchase) (the “Agreement”) apply to your, and any Additional Member(s) on your Membership, as well as your Guest(s) access to and use of the outdoor pool and aquatics area (subject to certain restrictions, limitations, or additional fees on certain features of Outdoor Pool Access (as defined below), and associated amenities and/or services as may be imposed by Life Time in its sole discretion (such as the use of cabanas)) ("Outdoor Pool Area”). Access includes (a) use of the Outdoor Pool Area at your Primary Center (or additional Centers to the extent your Primary Center membership type provides access) for which you purchase outdoor pool access as of the later of: (i) the above Effective Date; and (ii) the start of the 2023 summer pool season, expected to be Victoria Day, or such earlier or later date as Life Time may determine in its sole discretion through the end of the 2023 summer pool season expected to be Labour Day, or such earlier or later date as Life Time may determine in its sole discretion (which dates will be posted on Ajax, Mississauga & Woodbridge websites, respectively)(“Summer Pool Season”), and (b) each subsequent years’ Summer Pool Season if the Membership associated with this Agreement maintains continuing eligibility as determined by Life Time prior to that Summer Pool Season’s effective date (“Outdoor Pool Access”), subject to operating inspections, regulatory approvals, weather and other seasonal conditions (being the term of this Agreement). Life Time reserves the right to charge Outdoor Pool Access fees for access in the event you do not maintain continuing eligibility of your Membership prior to the effective date(s) of each subsequent years’ Summer Pool Season. Outdoor Pool Access is a single per Member service/amenity (separate from general Center access) that allows access to the Outdoor Pool Area at the Center(s) for which you have access to based on your Primary Center membership type(“Participating Center(s)”) and is non-transferable. Provided you maintain your Membership eligibility prior to each subsequent years’ Summer Pool Season effective date, Outdoor Pool Access fees are a one-time, non-recurring, per Member fee separate from Base Dues, which may be charged along with or separate from Monthly Payments (the “Outdoor Pool Access Fee”). The Outdoor Pool Access Fee may vary based on, including but not limited to, Participating Center, Member category (e.g., adult (“Beach Club Access Adult,” age 13+), Junior (“Beach Club Access Junior,” ages 1-13), adult guest (“Beach Club Access Adult Guest,” age 13+), Junior guest (“Beach Club Access Junior Guest,” ages 1-13), etc.), state, season, calendar date, benefit, service, amenity, or class. Not all Centers are participating in the Outdoor Pool Access program. Life Time may, at its sole discretion, and without notice, terminate, cancel, or suspend at any time any Member’s or Guest’s Outdoor Pool Access in accordance with this Agreement, your General Terms Agreement, Member Usage Agreement, Guest Usage Agreement and the Guest and Club Policies (as applicable), as well as for any Member, at any point, failing to maintain a good standing Membership with Life Time, or your Membership is cancelled, or suspended for any reason, or is placed on hold and is not reactivated prior to the applicable pool season effective date, or for any reason as determined by Life Time in their sole discretion. Life Time, in its sole discretion, may restrict or not provide Outdoor Pool Access due to unforeseen circumstances, including, but not limited to, in the event of a natural disaster or inclement weather, power outage or other failure of electrical or water service or other event outside of Life Time’s reasonable control.

Outdoor Pool Access Payment

I agree to pay today the Outdoor Pool Access Fee in the amount set forth in the online purchase page when purchasing Outdoor Pool Access. I authorize Life Time, without further notice, to withdraw the Outdoor Pool Access Fee from the financial account I have selected as a Payment Method within the online review and checkout page when purchasing Outdoor Pool Access. I am an account holder and I have actual authority to use the credit or debit card or bank account with which my Outdoor Pool Access Fee payment will be made. I further understand and agree that any Guest(s) afforded Outdoor Pool Access under this Agreement are subject to Life Time’s standard terms and conditions applicable to Guest(s) and may be charged a separate or additional fee for Outdoor Pool Access.

Refund & Cancellation Policy

Subject to applicable law, I may cancel my, or any Additional Member’s, Outdoor Pool Access by providing Life Time with written notice of cancellation, identifying which Members’ Outdoor Pool Access are to be cancelled, via any Notice Method. If I provide such cancellation notice within the first ten (10) days of receiving my Outdoor Pool Access (the “Initial Cancellation Period”) I will receive a full refund for the applicable cancelled Outdoor Pool Access. After the Initial Cancellation Period, Outdoor Pool Access fees are non-refundable. Life Time may cancel your Outdoor Pool Access at any time, without notice at its sole discretion; provided, however, if such cancellation occurs during the Initial Cancellation Period your fees will be refunded.

Additional Acknowledgments and Agreements

I acknowledge and agree, on my own behalf and on behalf of each Additional Member, to the following additional terms and conditions relating to the Outdoor Pool Access:

Electronic Communications. I expressly consent to receive electronic messages from Life Time, related to my, or any Additional Member’s, Outdoor Pool Access, including, without limitation, communications related to Life Time’s fees.

Assumption of Risk, Waiver of Liability, Indemnification. I understand and agree that there are risks of injury associated with the Outdoor Pool Access and access to and use of the Outdoor Pool Area, some of which are inherent, and I voluntarily agree to participate in spite of the risks. I further understand and agree that my General Terms Agreement, Member Usage Agreement & Guest Usage Agreement (if applicable) continue to apply, including the assumption of risk, waiver of liability, and indemnification provisions contained therein to the fullest extent permitted by law.

Life Time Policies. I agree to follow all Life Time Guest & Club Polices located at my.lifetime.life and any additional Outdoor Pool Access policies whether set forth on paper, verbally, in club signage, or online at www.lifetime.life or other Life Time websites (collectively, “Policies”), if any. Life Time reserves the right to remove any person not authorized to be in the Outdoor Pool Area or in violation of Life Time’s Policies.

Image and Likeness Release. I understand that Life Time, or a third party authorized by Life Time, may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me or any Additional Member on my Memberships (collectively “Images”) during access to and use of the Outdoor Pool Area. I hereby irrevocably consent to and grant Life Time the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Life Time’s use of the Images for commercial and promotional use, including on corporate or employee social media. Life Time may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Life Time and I waive all moral rights to the Images.

Severability. I agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part or provision of this Agreement invalid, illegal, unenforceable, or void, that part or provision alone shall be severed from this Agreement, and the entire remainder of the Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by law.

Definitions. Capitalized terms used and not defined in this Agreement have the respective meanings assigned to them in my General Terms Agreement, Member Usage Agreement or Guest & Club Policies.

Governing Law. This Agreement is governed by the laws of the Province of Ontario and the Federal laws applicable therein.

I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by Life Time upon such notice, if any, as may be required by law. If Life Time fails to enforce any right in this Agreement for any reason, Life Time does not waive its right to enforce it later.

I have read this Agreement thoroughly, have a received a copy of this Agreement, and I understand all of its terms including, without limitation, the Outdoor Pool Access Payment and Refund & Cancellation Policy, and knowingly and voluntarily agreed to the same as evidenced by completing my Outdoor Pool Access purchase.

Signed by Life Time:

LTF CLUB OPERATIONS COMPANY
CANADA, INC.

Per: signature of authorized signing officer
Authorized Signing Officer