Membership Agreement

1. MEMBERSHIP TERMS

1.1 These membership terms set out the terms of your membership with RCVRI Mercer Inc. These Membership Terms are to be read in conjunction with:
a. the Hapana terms of service which apply to your use of the RCVRI Mercer Inc. booking platform
b. the website and app terms of use which apply to your use of our website or app (Website and App Terms).

1.2 References to RCVRI Mercer Inc., we, us or our in these Membership Terms means the companies associated with RCVRI Mercer Inc., being RCVRI Mercer Inc. (and its related companies).

1.3 You acknowledge and agree that:
a. your membership with RCVRI Toronto is with the RCVRI Mercer Inc. entity which owns and operates the RCVRI Studio to which your membership relates; and
b. the RCVRI Mercer Inc. which operates the studio in each case is the contracting party for the purposes of these Membership Terms; and
c. the rights and obligations of RCVRI Mercer Inc. specified in these Membership Terms shall be specific and limited to the entity you are contracting with.

1.4 By becoming a member with RCVRI Mercer Inc., you confirm that you accept these Membership Terms and agree to comply with them.

2. STUDIO RULES AND REGULATIONS FOR RCVRI MERCER INC. SESSIONS

2.1 Waiver
You agree to sign our liability waiver before commencing your first RCVRI Mercer Inc. session.

2.2 Studio Rules
You agree to comply with the studio rules for RCVRI Mercer Inc., as amended from time to time. The latest version of our studio rules is available at the bottom of this document.

2.3 Session Cancellations
We enforce a strict 9-hour class cancellation policy. If you have reserved a place in a RCVRI Mercer Inc. recovery session and fail to cancel 9 hours in advance by contacting your preferred studio directly, your session will be forfeited. 

2.5 Attendance
You must be physically present and checked in 5 minutes prior to your session or your spot may be released to a waitlisted client and you will be counted as a “no-show” for that class. No exceptions.
First-time clients must arrive 5–10 minutes before the start of their session.
If you are recovering from injury or illness, you must notify the staff member prior to your session start time.
All pregnant clients must have clearance from their doctor, in writing, prior to a RCVRI session.

2.6 Personal Belongings
While RCVRI Mercer Inc. does provide lockers for all our clients in the studio, you assume all risk of loss for any of your personal belongings. You agree that RCVRI Mercer Inc. is not responsible for any loss or damage of any personal belongings.

2.7 Minimum Age
The minimum age for attending a RCVRI Mercer Inc. recovery class is 16. Any person aged between 16 and 18 may only participate with their parent or guardian present.

The following terms apply if you have selected a direct debit membership package:

2.8 Membership Term
Your membership will commence on the date you nominate to activate your membership and continue for the minimum term specified. At the end of the minimum term, your membership will automatically renew on a weekly basis if you are on a week-to-week membership package, or on a monthly basis if you are on a fixed-term or month-to-month membership package.
If you do not want your membership to renew, you will need to give us at least 7 days’ paid notice prior to the end of the minimum term or the end of any renewal term. You agree that if you give us less than the required notice, you will be charged the full amount due on the next payment date unless we waive this at our discretion.

2.9 Cancelling Your Membership
You may cancel your membership at any time as follows:
a. During the minimum term, by giving us the required number of weeks’ notice for your membership package in an email; and
b. During any renewal term, by giving us 7 days’ notice in an email if your membership package has renewed on a weekly basis.
Your membership will terminate at the end of the minimum notice period.

IMPORTANT: If you cancel during the minimum term, you undertake to pay off the balance of the membership fees that would have been due to RCVRI Mercer Inc. during the minimum term. You cannot suspend or hold your membership during your notice period.

2.10 Membership Fees
You agree to pay the membership fee specified in the application form and agreed upon between yourself and the studio for the term of your membership. All membership fees are paid in advance. We may, at our discretion, adjust the membership fee at any time following the end of the minimum term by giving not less than 7 days’ notice to the last email or postal address you give to us. The adjusted membership fee will be effective from your next payment date following the end of the notice period. If you do not wish to continue your membership following a price increase, you can cancel your membership in accordance with clause 3.1.

2.11 Payment
Payment of the membership fee is by direct debit. You agree that RCVRI Mercer Inc. can direct debit your authorized credit or debit card with the agreed-upon membership fee at the weekly, fortnightly, or monthly frequency set out at the start of your agreement. You must notify us of any change in bank account and complete a replacement direct debit authority. You warrant that you will always have sufficient funds to cover the membership fee, and breach of this warranty may result in us terminating your membership.

2.12 Membership Entitlements

2.13 Suspension
You may suspend or hold your membership for up to 28 days per annum by giving us at least one week’s notice in writing. The minimum amount of time you can put your membership on hold is 7 days.

3. CLASS PACKS

The following terms apply if you have selected a class pack:

3.1 Class Package Entitlements
RCVRI packages can be purchased online and in-studio. All remaining credits expire at their end date. Credits and passes cannot be shared or transferred to others or to any other RCVRI location. Management reserves the right and discretion to extend packages on a case-by-case basis. No refunds will be allowed for change of mind or unused credits.

4. TERMINATION OR SUSPENSION

4.1 We may, in our sole discretion, terminate your membership or class package with immediate effect if you:
a. fail to make any payment on the date it is due under these Membership Terms and fail to remedy such non-payment within 5 days;
b. are in breach of these Membership Terms and fail to remedy such breach within 20 days of receiving notice from us.

4.2 We may immediately suspend your membership at any time if we consider, in our sole discretion, you have failed to comply with any term or condition or there has been unauthorised access or attendance by someone using your membership tag.

4.3 Upon termination under clause 5.1:
a. If you have a membership package, your membership will end and all dues must be paid.
b. If you have a class package, unused classes are forfeited and non-refundable.

5. LIMITATION OF LIABILITY

5.1 By becoming a member of RCVRI Mercer Inc. and/or attending sessions, events, or using our facilities:
b. You acknowledge participation is at your own risk;
c. You understand RCVRI Mercer Inc. recommends medical clearance before participation;
d. You are informed of possible adverse health outcomes (e.g., heart issues);
e. You accept full responsibility for your health.

5.2 You agree not to hold RCVRI Mercer Inc., its staff, or employees responsible for any injuries or costs incurred during sessions.

6. MISCELLANEOUS

6.1 We may collect, use, and disclose your personal information per our privacy policy.
6.2 Rights under this agreement can only be waived in writing.
6.3 If any term is invalid or unenforceable, other terms remain in effect.

7. STUDIO RULES

7.1 Bring 2 towels, a water bottle, and appropriate swimwear to each session.
7.2 Be respectful and keep noise to a minimum inside and around the studio.