Limitless Tire Membership Agreement

THIS GENERAL SERVICE AGREEMENT (the “Agreement”) 

BETWEEN:

Limitless Tire Member
(the “Client”) 

– AND –

Limitless Tire of 1110 Finch Ave W, North York, ON M3J 2T2, Canada
(the “servicer”). 

BACKGROUND:

1. The Client is of the opinion that the servicer has the necessary qualifications, experience and abilities to provide services to the Client.
2. The servicer is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the servicer (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows: 

Services Provided 

1. The Client hereby agrees to engage the servicer to provide the Client with services (the “Services”) consisting of: 
   • unlimited tire repairs per year (parts not covered)
     unlimited tire installations (per vehicle, per year, per membership)
   • unlimited tire balancing (per vehicle, per year, per membership)
   • unlimited tire rotations (per vehicle, per year, per membership)
   • unlimited wheel alignment (per vehicle, per year, per membership)
   • up to 10 percent off tire and wheel purchase (select models only)
   • You receive 5 percent off all tire purchases. (not including HST)
   • You receive 5 percent off all wheel purchases.( not including HST)
   •  
2. The Services will also include any other tasks which the Parties may agree on. The servicer hereby agrees to provide such Services to the Client.

Term of Agreement

1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force when payment has been made, subject to earlier termination as provided in this Agreement.

Performance

1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in Canadian Dollars.

Compensation

1. For the services rendered by the servicer as required by this Agreement, the Client will provide compensation (the “Compensation”) to the servicer as follows: 

• Billed annually unless otherwise mentioned

1. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

Auto-Renewal Clause

1. Membership Term and Renewal: Your membership will begin on the date of your initial purchase and continue for a period of one (1) year. Unless you notify us before the end of your annual membership term that you no longer wish to be a member, your membership will automatically renew for another year.

2. Payment: On the renewal date, the annual membership fee of $147 will be charged to the payment method you provided during your initial purchase. If the payment method is no longer valid, you are responsible for providing a new one. If we are unable to process the payment due to invalid payment information, your membership may be suspended or terminated.

3. Notification: We will send a reminder email to the email address associated with your account two weeks before your membership is due to renew. It is your responsibility to check this email and take action if you do not wish for your membership to renew.

4. Cancellation: If you do not want your membership to automatically renew, you must cancel your membership by contacting us at least one day before your renewal date. You can contact us via call or email to process your cancellation.

Please remember that it is your responsibility to maintain current and accurate billing information and to cancel your membership if you do not want it to renew. By agreeing to these terms, you acknowledge that you understand and accept our auto-renewal policy.

Additional Resources

1. The Client agrees to provide, for the use of the servicer in providing the Services, the following resources: 

• Client is responsible for providing all items that are being installed, no products are included in this price.
• Tire installation and balancing supplies are charged upto $6.25/tire cad

Capacity/Independent servicer

1. In providing the Services under this Agreement it is expressly agreed that the servicer is acting as an independent servicer and not as an employee. The servicer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Indemnification

1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Additional Clause

1. THE MEMBERSHIP
   
   Welcome to Limitless Tire’s membership program! We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you will be required to sign at the end of the contract to acknowledge that you have agreed.
   
   ACCESS AND SERVICES
   
   Your access to the various services available to customers depends on the level of subscription you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service at any time for any reason without notice or refund, including not following our terms and conditions. We also reserve the right to move and/or delete all files associated with your account and/or other information you have on our system.
   
   FEES AND PAYMENT
   
   We will charge you a standard annual fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit or debit card you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full annual charges for the year for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change. If you have already paid for a subscription, your updated fees will take effect on the next subscription cycle.
   
   SYSTEM RULES
   
   You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service.
   
   Membership only applies to vehicles with the same license plate number as the one supplied when signing up.
   
   Memberships are only transferable from vehicle to vehicle, not owner to owner.
   
   Membership only applies to vehicles with the same license plate number as the one supplied when signing up.
   
   This membership cannot be combined with any other Limitless Tire memberships from the past, present, or future. 

Discounts cannot be combined with any other discounts or where price match is involved.

Wheel alignments cannot be performed if the suspension or steering components are worn and require replacement.

If the suspension or steering components are seized and required to be freed up, that will be an additional cost of $110 dollars per hour.

Termination Clause

Limitless Tire has rights to terminate this contract at any time without any prior notice.

Limitless Tire has rights to terminate this contract without any warning at any time. 

APPOINTMENTS

All services provided in this contract requires the “the client” to book an appointment 24 hours in advance. 

Limitless Tire reserves the rights to reject services without any prior notice if it conflicts with other appointments or any other condition.

Legal Expenses

1. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

Modification of Agreement

1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

1. The servicer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

1. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

Titles/Headings

1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

1. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Ontario, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Restrictions/exclusions

1. Discounts DO NOT apply to the following:
   • Custom wheels orders
   • Anything that is currently not in inventory
   • Lugs/nuts, caliper paint, hub rings, anything other than wheels or tires
   • Suspension or streering components
   • Custom wheel alignment (any specifications that are not oem specifications provided by Hunter)