These Terms govern the access or use by you of the fitness facilities, equipment and other related services (Services) made available to you by Club Fitness – before accessing or using our Services please read the following Terms carefully,
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between Club Fitness and you. If you do not agree to the Terms, you may not access or use Club Fitness's Services.
1.1 Throughout these Terms words appear with capital letters. These words have a specific meaning and shall have the definitions ascribed to them, as follows:
(a) “Access Card” or "Access Tag" means the device or card used to enter and exit the Fitness Facility.
(b) “Cooling-Off Period” has the definition ascribed in clause 14.1.
(c) “Fitness Facility” means 269 Wicksteed Street, Wanganui New Zealand, or any other premises that NZ Muscle may relocate to.
(d) “Joining Fee” means An Upfront Payment (inclusive of GST). Club Fitness reserves the right to adjust the Joining Fee at any time without notice.
(e) “Club Fitness” means the private limited liability company, Club Fitness Limited.
(f) “Payment Provider” means the private limited liability company, Debitsuccess Limited which will provide direct debit and credit card payment facilities.
(g) “Website” means www.clubfitnessnz.com.
(h) “Working Day(s)” means any calendar day other than Saturday, Sunday, New Zealand statutory holidays, any regional holiday in Wellington, and the period between 24 December to 5 January inclusive.
2.1 You acknowledge and agree:
(a) To correctly and promptly inform Club Fitness of any changes to your personal details, including (but not limited to): your postal address; contact number(s); email addresses; credit card details; and any other personal information that is relevant to your membership.
(b) To disclose to Club Fitness all relevant personal health and fitness information both prior and during the course of your membership.
(c) Not to utilise our Services or Fitness Facility whilst you are suffering from any infections, contagious illness, disease or a physical condition such as open cuts, sores or minor infections where there is even a remote possibility of harm to other members and staff.
(d) That Club Fitness and its representatives cannot provide any medical advice.
(e) To dress appropriately and be courteous to other members at all times.
(f) To use a towel when using Club Fitness’s equipment or participating in any classes, and to wipe down all surfaces with a spray bottle and towel after use.
(g) To abide by all signs and all instructions from Club Fitness staff.
3.1 All members must be at least eighteen (18) years of age. If you are under the age of eighteen (18) the following will apply:
◦ Your parent or guardian must provide prior written consent confirming acceptance of these Terms on your behalf as a minor;
◦ Access to the fitness facility is strictly limited to staffed hours as advertised on Club Fitness’s website;
◦ Your parent or guardian must be a member and be present at all times; and
◦ There will be no access to weights based equipment or classes unless you are supervised by your parent or guardian, and a personal trainer.
PAYMENT OF FEES
4.1 All membership fees may be recovered from your nominated credit / debit account as provided from time to time. Any Bank fees charged to Club Fitness’s Payment Provider because of a rejection when collecting your due membership fees may be directed to you. If your membership fees or any other amounts which are outstanding you agree that unless Club Fitness is in breach of its obligations under these Terms, Club Fitness’s Payment Provider may continue to debit the nominated credit / debit account for the total amount due.
5.1 You must attend to payment of the Joining Fee in advance, upon receipt of which your membership will be activated.
WEEKLY, FORTNIGHTLY OR 4 WEEKLY MEMBERSHIP
6.1 If you elect to pay your membership fees on a weekly basis you agree to enter into an agreement with Club Fitness’s Payment Provider authorising the monies to be direct debited from your nominated bank account or credit card, weekly, fortnightly or 4 weekly in advance.
7.1 If you elect to pay your membership for a specified period i.e. 6 months or 12 months, you agree to pay your membership fees in advance. This is not refundable.
7.2 Pre-paid memberships may be assigned to a non-member provided Club Fitness agrees in writing (consent for which will not be unreasonably withheld) and a Joining Fee is paid by the incoming member prior to the transfer of the pre-paid membership.
7.3 If you have not renewed your membership by the renewal date and your membership is not brought up to date within a reasonable period of time following written notice from Club Fitness, but you continue to access the Fitness Facilities you acknowledge that you will revert to a weekly membership.
MEMBERSHIP FEES INCREASE
8.1 Club Fitness reserves the right to adjust the membership fees charged for the use of its Services. If your membership is paid on a weekly basis Club Fitness reserves the right to increase the membership fees payable upon thirty (30) Days’ notice by post or email to the address provided by you at the commencement of your membership. Following such notice you authorise Club Fitness’s Payment Provider to increase any direct debits to your nominated credit card or bank account. For pre-paid memberships the adjustments will only take effect on the renewal date of your membership.
9.1 If you fail to pay your membership fees or such other amount that is owing you agree to immediately pay the entire amount outstanding, together with default interest at 15% per annum accruing daily. Club Fitness reserves the right to refer overdue monies to an external collections agency, as a result of which you will be liable to reimburse Club Fitness for any debt recovery, internal administration fees or legal costs incurred. If you fail to pay your membership fees by the due date, Club Fitness reserves the right to refuse entry to the Fitness Facility until such outstanding payment is received.
10.1 If you cause damage to the Fitness Facilities or to our Services that is deemed deliberate or negligent or a direct breach of these Terms you will be liable to Club Fitness for the reasonable cost of repair and replacement. You acknowledge that such costs will be recoverable via the payment method used to pay your membership fees.
11.1 You may place your membership on hold for medical and travel reasons upon the provision of satisfactory supporting documentation. Membership holds are available for a period of four (4) weeks per calendar year provided your membership fees are paid up to date. All requests must be applied for in writing at least five (5) Working Days prior to the commencement of the hold period. Club Fitness reserves the right to refuse any application for hold at any time. No backdated requests will be approved.
12.1 Access cards are not transferable and must be shown to gain entry to the Fitness Facility. Club Fitness reserves the right to take photo identification at the commencement of your membership for security purposes.
12.2 If you allow your Access Card to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of these Terms and Club Fitness reserves the right to terminate the agreement with you immediately paying all membership fees due.
12.3 In the event of a lost or stolen Access Card, you should contact Club Fitness regarding the reissue of a replacement card. A fee may be charged to cover the cost of the replacement card.
ACCESS BY NON-MEMBERS
13.1 You may bring a non-member to our Fitness Facility during staffed hours only provided you have sought the consent of Club Fitness staff present and the non-member has completed a temporary membership agreement which will be subject to these Terms. Club Fitness reserves the right to charge a fee or decline access to the non-member who are not local residents or who visit repeatedly without joining.
13.2 If you allow a non-member to access the Fitness Facilities without obtaining the consent of Club Fitness staff you acknowledge that your Access Card may be restricted or deactivated and a fee may be required to reinstate your Access Card. You accept responsibility and liability on behalf of the non-member for any injury, loss or damage caused.
COOLING OFF PERIOD
14.1 All new memberships are subject to a Cooling-Off Period of five (5) Working Days from the date on which these Terms are signed. A request to cancel your membership during the Cooling-Off Period will be deemed to be received on the date it is received by Club Fitness. Club Fitness will provide written notice of confirmation of receipt within one (1) Working Day. If these Terms are defined as an “unsolicited consumer agreement” in accordance with New Zealand law the termination may be written or oral.
14.2 For all weekly memberships validly cancelled during the cooling-off period there will not be a refund for the unused weekly membership fees paid. Access to the Fitness Facility will continue up to the date of cancellation for any period that you have paid in advance. Club Fitness will be entitled to keep your Joining Fee.
14.3 For all pre-paid memberships validly cancelled within the Cooling-Off Period Club Fitness will transfer any unused membership fees less an amount equivalent to the Joining Fee within ten (10) Working Days from the date on which Club Fitness provides written notice of confirmation of receipt.
YOUR RIGHT TO CANCEL
15.1 Any request made to cancel a membership must be in writing.
15.2 A weekly membership may be cancelled at any time provided Club Fitness is served ten (10) Working Days’ advance notice in writing. Upon receipt of your written cancellation notice, Club Fitness will provide confirmation of receipt within one (1) Working Day. If you do not receive a confirmation of receipt from Club Fitness it will be your responsibility to contact Club Fitness to advise your cancellation request. Your weekly membership fee will be payable up until the effective date of cancellation. To clarify, there will not be refunds for any unused membership fees. All overdue payments must be settled before the cancellation with be actioned. Access to the Fitness Facility will continue up to the date of cancellation.
15.3 A pre-paid membership may not be cancelled during the specified pre-paid term (unless Clause 14 applies). However, you may assign your pre-paid membership in accordance with clause 7.2. If you do not renew your pre-paid membership by the renewal of the specified pre-paid term and provided there are no overdue payments, your membership will automatically expire, unless you continue to access the Fitness Facilities in which case clause 7.3 will apply.
Club FitnessS’ RIGHT TO CANCEL
16.1 Club Fitness in the event of a serious breach of these Terms may immediately terminate your membership or deny access to the Fitness Facility at any time. A serious breach of these Terms includes (but is not limited to):
◦ Failing to pay your membership fees when due;
◦ Failing to follow any policies, rules or part of these Terms;
◦ Engaging in conduct which is inappropriate, threatening or harmful to other members and Club Fitness staff;
◦ Damaging equipment or the Fitness Facility;
◦ You conduct, promote or solicit other business at the Fitness Facilities without Club Fitness’s prior consent in writing.
Termination will be effective on the date that Club Fitness serves written notice on you at your last known address.
16.2 Upon termination there will be no refunds and you will cease to have access to the Fitness Facilities. Any overdue fees will be immediately due and payable.
16.3 Notwithstanding clause 16.2 if Club Fitness considers at its sole discretion that is reasonable and possible to do so, it may consult with you before terminating your membership and may in some cases provide you with an opportunity to address any breach which is capable of remedy.
17.1 You acknowledge that the Fitness Facility and Services are unsupervised from time to time and that there may not be a Club Fitness staff member present to assist you.
17.2 You acknowledge that your use of our Fitness Facility and Services and participation in the classes and programs conducted by Club Fitness may involve strenuous activity and risks associated with such use and participation resulting in physical harm and personal injury. These injuries may occur from (but not limited to) you:
(a) slipping on wet flooring;
(b) being struck by weights;
(c) colliding with equipment, or other members;
(d) engaging in strenuous exercise and activities; or
(e) incorrect use of equipment or Fitness Facility,
17.3 You acknowledge that any injury may result not only from your actions but from the action, omission or negligence of others.
17.4 It is your responsibility not to use our Fitness Facility and Services which may adversely affect any medical condition. You warrant that to the best of your knowledge you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of our Fitness Facility or Services.
17.5 If you have any health or medical concerns now or after you join as a member, you must discuss them with your doctor before using our Fitness Facilities or Services.
17.6 You acknowledge that Club Fitness cannot give you any medical advice before or after the use of our Fitness Facilities or Services.
17.7 You acknowledge that accidental injury is covered by the Accident Compensation Act 2001.
18.1 You acknowledge that whilst every attempt is made to ensure the Services and Fitness Facility provided by Club Fitness are safe, there are significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to potential risks.
18.2 To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustment of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
18.3 Certain areas of the club carry increased risk to your health and you agree to ensure that you are able to enter these areas without risk, before doing so.
18.4 You understand that Club Fitness does not manufacture fitness or other equipment, but purchases or leases equipment, and that Club Fitness is providing recreational services and is not liable for defective products.
18.5 You release Club Fitness and its directors, employees, contractors and agents from any liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence of Club Fitness or its’ staff or any other person using the premises.
18.6 You are solely responsible for any damage you cause to Club Fitness, the Fitness Facility and Services, if such damage is caused by your wilful act or negligence.
SECURITY AND PERSONAL PROPERTY
19.1 You acknowledge that you are responsible for your own belongings whilst at the Fitness Facility. Club Fitness are responsible only to the minimum extent which is imposed by law and will not be liable to you for any of your personal property which is damaged, lost or stolen while in or around the Fitness Facility.
19.2 For security purposes, you acknowledge and accept that Club Fitness may utilise video and audio surveillance equipment to monitor the Fitness Facility on a 24 hour basis. Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or changing areas.
INTERRUPTION AND RELOCATION
20.1 As a result of repair, maintenance, public holiday, or special occasions, Club Fitness may be required to restrict the use or temporarily close the Fitness Facilities from time to time. Club Fitness reserves the right to restrict the use or temporarily close for a period of no more than six (6) hours provided five (5) Working Days’ notice is given to you, except where the maintenance or repair requires urgent attention in which case reasonable notice will be served.
20.2 You acknowledge that Club Fitness reserves the right to relocate the Fitness Facilities and to change the format, presentation or number of Services upon reasonable notice. Should a relocation of the Fitness Facilities be required (to the extent that such a relocation is more than one (1) kilometre radius) Club Fitness will provide you with at least twenty (20) Working Days’ notice in writing and you will have the option to terminate these Terms upon which any fees paid in advance pursuant to a pre-paid membership will be refunded to you on a pro-rated basis for the unused portion of the term or to relocate to the new premises, your election will be required within ten (10) Working Days’ in writing from the date on which you receive Club Fitness’s notice regarding the relocation.
21.1 You must not assign any rights or benefits under these Terms unless you have obtained the prior written consent of Club Fitness.
21.2 Club Fitness may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, Club Fitness will remain liable to meet its obligations to you under these Terms.
22.1 You agree to indemnify Club Fitness against all and any damages, losses, claims or liabilities which Club Fitness may suffer or incur as a consequence of your use of the Fitness Facility and Services, or from your breach of these Terms.
23.1 Contractors may provide additional services at the Fitness Facility and fees for these services are to be paid directly to the contractors. Club Fitness takes no responsibility for the services provided or the fees paid to these contractors and you agree not to hold Club Fitness liable and agree to indemnify Club Fitness for any claims suffered by you as a result of negligence by a contractor.
THESE TERMS MAY CHANGE
24.1 Club Fitness reserves the right to amend or vary these Terms, at any time upon reasonable notice, for minor matters or where the variations result from matters outside the control of Club Fitness. The amendments will be proposed on our Website or via signage at the Fitness Facility and effective within five (5) Working Days of posting. If you consider the variations or amendments proposed by Club Fitness will cause a detriment to your use of the Fitness Facilities please contact us immediately. Your continued access or use of the Services after such posting constitutes consent to be bound. The variations and amendments shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
24.2 Club Fitness may require you to follow additional rules during the course of your membership and supplementary terms may apply to certain Services, such as promotions or special events, such terms will be disclosed to you separately. Supplementary terms and rules are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplementary terms and rules shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
26.1 Any contract evidenced by these terms and conditions shall be governed by New Zealand law and will be in the exclusive jurisdiction of the New Zealand Courts.
26.2 Nothing in these Terms shall restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other relevant enactment.
26.3 No waiver of any such breach of these terms and conditions shall be deemed to be a waiver of any other or any subsequent breach.
26.4 The failure of either party to enforce any provision in these terms and conditions at any time shall not be interpreted as a waiver of the provision.
26.5 If any provision of these terms and conditions is unenforceable, such enforceability shall not affect any other part of such provision or any other provision therein.
26.6 To the maximum extent permitted by law, these Terms constitute the entire agreement between us and you and supersede all prior agreements, understandings, negotiations, representations and discussions between us (whether oral or written).