MEMBERSHIP

Belair Suites

—- Membership Agreement Terms & Conditions

(A signed copy of this agreement by the account holder will be required at first booking.)

1. DEFINITIONS: In this Agreement: (i) the customer who signs below is referred to as “you”, “your” and “yourself”; (ii) we, our legal representatives, successors and assigns are collectively referred to as “we”, “our”, and “us”; (iii) the studio operated by us under the name “Belair Suites Inc.” and “Suites Belair Inc.” are collectively referred to as Belair Suites or Belair.; (iv) the “Release Form” shall mean the Waiver and Release signed in conjunction with this Agreement; (v) “Agreement” shall mean, collectively, this membership Agreement and the Release Form; (vi) “membership” shall refer to the rights of membership given to you under this Agreement; and (vii) “Minimum Term” shall mean the Minimum Term in months in respect to the membership type you choose, such term not to exceed 12 months.

2. MEMBERSHIP TYPE: Your membership rights are determined by the membership type that you choose. Unless otherwise indicated, membership includes the following core services:

(i) access for the specified number of hours, during regular hours of operation, to the suites specified for your membership type, (ii) use of suites with decor setups as determined by us from time to time (iii) an optional complimentary full feature on our creatives page as determined by us, and (iv) two free one-hour bookings per minimum term to be used towards a giveaway or contest, with mention on our Instagram stories, and as approved by us. Additionally:

● Membership plans are per creative.

● Membership plans begin on the date of purchase.

● Account holder must be present at booking.

● Memberships cannot be shared or transferred.

● Included membership hours do not carry over and refresh monthly.

● Percentage of savings varies depending on time and day of bookings.

3. FEATURED CREATIVES: As part of your membership plan, Belair Suites offers an optional complimentary full feature on our creatives page to qualified subscribers. You acknowledge and agree that:

● Being featured as a creative is optional, complimentary, and restricted to creatives only.

● Being featured is reserved for Creatives for-hire. Corporations and brands are excluded from being featured and will not result in a reduction of your dues payable under this Agreement, nor be grounds for cancellation of this Agreement.

● Qualifying as a creative is determined by Belair Suites and is at our sole discretion.

● You will refrain from promoting any other studios, and as such, will submit content that either was created using our studio, and/or that (as much as possible) does not denote or depict any other studios.

● Content submitted by you for the purposes of becoming a featured creative, which may include but are not limited to images, copy (including external links), audio or video files, and other digital works, are subject to our approval.

● Belair Suites may, from time to time, at our sole discretion, ask you to modify, change, or update certain provided works, and reserves the right to remove such works that it may deem not, or no longer appropriate for any reason. Belair Suites reserves the right to suspend or remove, at any time and at our sole discretion, any featured creative that we deem damaging to our reputation or for any other reason, and that such a suspension or removal will not result in a reduction of your dues payable under this Agreement, nor be grounds for cancellation of this Agreement.

● You may request to update your featured creative content once every 6 months.

● Upon termination of this Agreement, your qualification as a feature creative will revert to the terms and conditions of being featured as a non-member, as set forth on our website.

4. EXCLUSIONS: Booking of L’Agora suite, Le Bar À Beauté, and bookings for the purpose of any type of event, are excluded from all membership types. You may choose to avail of these excluded suites and/or services, or to book for the purposes of an event for additional fees through our online booking system, and as per our terms & conditions and studio policies. It may, from time to time, be necessary for Belair Suites to discontinue certain services, or access to certain suites for, but not limited to, renovations and other reasons. Where this occurs, you agree that any such change will not constitute a material change to the services that we provide to you. We plan to continue upgrading our current suites in the years to come, while continuing to offer the best studio suites and services in Montreal.

5. PAYMENT AUTHORIZATION: You authorize us to charge your credit card or debit your bank account, as applicable, for all amounts payable by you under this Agreement. You have certain recourse rights if any charge or debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. You agree to waive any pre-notification requirements and as such we may not provide you with pre-notification of any charge or debit.

POST TERM DUES: I understand that following the expiry of my Minimum Term my membership will continue as a month-to-month membership, and that Post Term Perpetual Recurring Dues will be payable by me until my membership is cancelled as provided under this Agreement.

6. DUES ADJUSTMENTS: Both during and after the Minimum Term, you authorize us to adjust your recurring membership dues for calculation errors or changes in taxes. After the Minimum Term or prepaid dues period, we may, at our discretion, adjust your Recurring Dues, upon giving you not less than 30 days prior written notice sent to the email address you provided to us. Except as specifically provided in this Agreement, a failure by you to avail of our studios or services will not result in a reduction of your dues payable under this Agreement.

7. FREEZE AND TRANSFER POLICY: Belair Suites does not transfer enrollment fees or recurring dues for any reason. However, you may freeze (pause) your membership for the following reasons:

(a) For medical reasons, Belair Suites may agree to temporarily suspend recurring payments upon submission of appropriate documentation and satisfaction of certain conditions.

(b) Without reason, for 1 month per 6-month term; and

(c) In extraordinary circumstances at our sole discretion.

8. ADMINISTRATION FEES: You agree that declined recurring payments by pre-authorized credit card charge, are subject to an additional $25.00 service fee per payment plus applicable taxes. You agree to place, and maintain a valid credit card on file, with Belair Suites’ acting merchant, which will be kept on file in the merchant’s software. Upon payment default, you agree that we may declare the whole or any part of the balance of the Recurring Dues for the duration of the Minimum Term, to be immediately due and payable. It is your responsibility to ensure the card on file is valid and has a credit limit capable of paying any chargeable balance.

9. STUDIO ACCESS: Belair Suites may, change the location applicable to your membership type for reasons that include, but are not limited to, the expiry of a lease, the opening of a new location, and/ or damage caused to the studio by fire, act of God, pandemic, catastrophe, or accident. Suite bookings are subject to demand and are available on a first-booked basis. There may be occasions, especially during peak hours or seasons, where you may experience reduced suite availability.

10. PERSONAL CONDUCT: You agree to abide by the rules and regulations of the studio as determined by Belair Suites, a complete copy of which is posted on our website under our Studio Policies and Terms and Conditions.

You agree that while you visit our studios your conduct will be such that it presents no danger to other clients, members, or staff, and does not interfere with the quiet enjoyment of the other clients, members, or staff, or disrupt the staff in performing their duties.

11. POLICIES AND MEMBERSHIP PLANS: From time to time, we may modify or introduce new membership plans, and the related fees, make reasonable changes to the days and hours of operation or publish and amend policies and regulations.

12. PRIVACY: Belair Suites collects your personal information primarily for the purpose of providing you with the services and / or access to the studios contemplated under this Agreement. Belair Suites may contact you about your membership account or to conduct market research & surveys in an effort to continually improve our product and service offerings. Belair Suites or a third party engaged by Belair Suites may conduct personal credit investigations, or report your account information to a reporting bureau, for the purposes of collecting overdue amounts and updating appropriate credit information.

13. REPRESENTATION: You represent and warrant to us that all information supplied by you in relation to this Agreement is true.

14. MEMBER RIGHT OF CANCELLATION: This Agreement is subject to the Business Practices and Consumer Protection Act which provides consumers with cancellation rights under section 23 and section 25. You may cancel this Agreement up to 10 days from the day you enter the Agreement without reason of cancellation within this period. If you cancel this Agreement, Belair Suites has 15 days to refund your money, less applicable merchant fees. Any used hours during this 10 day period will be charged at regular hourly booking rates, and will immediately become due. If you send the cancellation notice by mail or email, it doesn’t matter if Belair Suites receives the notice within the required period as long as it can be proved that you sent it within the required period. After the Minimum Term, you may terminate your Membership Agreement by providing at least thirty (30) days’ written notice to Belair Suites delivered by email, registered mail, or personal delivery. The termination will be effective at the end of the Paid Period, and you may continue to use the studio during the Paid Period. Belair Suites shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than thirty (30) business days after the cancellation notice is received by Belair Suites; provided the cancellation can be processed prior to the scheduled date of the charge. If the cancellation cannot be processed prior to the scheduled date of the charge, Belair Suites shall refund the charged amount.

15. BELAIR SUITES RIGHT OF CANCELLATION: Belair Suites may cancel this membership at any time, for any reason, upon giving you not less than 30 days prior written notice mailed to the postal address or sent to the email address specified, or such address as may be subsequently notified to us by you.

16. CANCELLATIONS AND RESCHEDULING:

When booked using credit hours:

• To cancel a booking, simply login to your account and cancel the booking in question. (Your credit hours will be manually adjusted, so please call us should need to use them again relatively quickly after cancelling.)
• You are responsible for the credit hours used if you are a no-show or cancel within less than 24 hours of your start time, and your used credit hours will be forfeited.
• To reschedule a booking, give us a call or email us with your desired booking changes, and we will gladly make them for you. Your used credit hours will be re-applied towards your new booking.
• As an additional membership perk, you will be exempted from the studio policy 72-hour and 48-hour cancellation fees for paid bookings. However, you are still responsible for the full amount if you are a no-show or cancelled within less than 24 hours of your start time.

17. GENERAL: The Release/ Waiver Form shall form part of this Agreement and shall be read and construed together with this Agreement. Belair Suites may, from time to time, update the Release/ Waiver Form, and you may be required to sign the current Release/ Waiver Form as a condition to you continuing to use our studios and services.

You acknowledge that this Agreement, the Release/ Waiver Form, and other forms completed at the same time as this Agreement, constitute the entire Agreement between you and us regarding your membership, and that, other than as contained in this Agreement, neither we nor any of our representatives or employees have made any express or implied representations or warranties to induce you to enter into this Agreement.

Other than as expressly provided herein, neither you nor we may change this Agreement unless such changes are agreed to in writing signed by both you and us.

The obligations of the Facilities and Services User under this Agreement are personal and may not be assigned or transferred except as provided hereunder. Belair Suites may assign all or any part of its rights and obligations under this Agreement to another person or company.

ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS AGREEMENT.

PLEASE READ CAREFULLY.

By signing this document, I am waiving certain legal rights, including the right to sue or claim compensation from Suites Belair Inc. (Suites Belair Inc).

ASSUMPTION OF RISK AND INFORMED CONSENT

I acknowledge and agree that this Agreement covers every activity I may participate in at Belair Suites and any equipment, suite, setup, and services that I may use. Due to the nature of the business, Belair Suites’ facilities, installations, and setups, may not conform to construction regulations such as, but not limited to, required railings, elevated surfaces, or structural safety requirements. This includes both permanent and temporary installations and setups. I am aware that this is potentially hazardous and involves many risks including but not limited to: heart attacks; strokes; physical injuries; property damage; and NEGLIGENCE ON THE PART OF BELAIR SUITES, INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ACTIVITIES AND FROM USING BELAIR SUITES’ STUDIOS, EQUIPMENT, SERVICES AND SETUPS. I FREELY

ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ANY LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration for accepting my application for membership and permitting my use of Belair Suites equipment, services, setups and facilities, and for other good and valuable consideration, I agree:

1. to waive any and all claims that I have or may in future have against Belair Suites Inc. and its directors, officers, employees, agents, members, guests and representatives (defined collectively as the “Releasees”) and to release the Releasees from any and all claims and liability (except as prevented by statute) for any injury, loss, damage, cost, or relief of any kind due to any cause whatsoever, including: claims in any way connected with Belair Suites’ facilities, equipment, setup or services; negligence; gross negligence; vicarious liability for any other person’s act or omission; or breach of any statutory or other duty of care by or on the part of the Releasees.

2. not make any claim against any other person or entity that may result in a claim against the Releasees, and I shall hold harmless and indemnify the Releasees from any and all such claims, whether for damage to the property of or personal injury to any third party.

3. to hold harmless and indemnify the Releasees from any and all claims made against them by any person who is not a Belair Suites member that I invite or accompany to use any Belair Suites’ equipment, facilities, services, or setups, or to participate in Belair Suites activities of any kind, including claims for damage to property or personal injury.

4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives. I have read and understand this Agreement. In signing this Agreement, I am not relying upon any oral or written representations or statements of any kind made by the Releasees other than as set forth in this Agreement. I am aware that by signing this Agreement I am waiving legal rights which I or my heirs, next of kin, executors, administrators, and assigns may have against the Releasees.