District Fitness Membership terms
1. Facilities: We agree to make the fitness and health facilities and classes at the Studio available to you during our opening hours. These facilities are available to you throughout the term of this agreement for so long as we shall operate them, except where the studio is unable to make the facilities or classes available as a consequence of any circumstance (including a significant disruption) beyond the reasonable control of the studio.
2. Under 18 access: As we are a supervised class studio, members from the age of 14 and up are able to utilise our classes and facilities. Anyone under the age of 18 requires parental consent to use the facilities and classes at District.
3. Rules and conduct: You agree to abide by all rules posted in and around the studio or otherwise notified to you which relate to use of equipment, health and safety (including hygiene), and the day to day operation of the studio and surrounding areas. In using the studio, you promise:
(a) to make sure you abide by the instructions from your instructor
(b) to exercise in a way that is safe to you and others using the studio; and
(c) to act in a considerate and respectful manner towards the studio’s staff and other members of the studio. If we find you conducting yourself in a way that jeopardises the health and safety of you or others in the studio, or you breach any of the Rules (or other requirements in this clause and that breach has a detrimental effect on the studio or any of its staff or other members we may (acting in good faith) expel you from the studio and/or terminate your membership.
4. Term: The term of your membership will commence on the commencement date set out in your membership form and will continue until terminated in accordance with this agreement. Without taking away any termination rights in this agreement, your membership will automatically continue on past expiry of any Minimum Term unless you give us notice in writing prior to the end of your Minimum Term that you want the terms to end on expiry of the Minimum Term. Where you do give us such a notice, you will no longer be able to access the studio after the date it comes to an end and, if you wish to access the studio again, you will need to sign up for a new membership (to which another minimum term and upfront fees may apply)
5. Termination: Either party may terminate this agreement without reason by giving the other at least 30 days written notice of termination to the other (and, in the case of termination by you, on the prescribed form available from the studio. Where a Minimum Term applies and you terminate during the Minimum Term under this clause 5 an Early Termination Fee may apply (see clause 6). This right of termination is in addition to any other rights of termination you may have in this agreement.
6. Early Termination Fee: We appreciate that circumstances do change. If you have agreed to a Minimum Term and you terminate this agreement prior to the end of that Minimum Term or we terminate this agreement due to your default (see clause 13), you must pay to the studio (in one lump sum),the amount equal to amount being the lesser of:
a. 60% of the remaining balance due for the remainder of the minimum term and a $150 termination fee
b. The full remaining balance of the minimum term due
The Early Termination Fee applies because we have priced your membership on the basis that you will not terminate your membership prior to the end of your agreed Minimum Term.
7. Membership Fee changes: Your Membership Fees may change from time to time during the Term to include
(a) a fixed rate of between 1 and 3%. This increase shall take effect on each one year anniversary of your membership; and
(b) any increases required to reflect changes in the law, including any change in the taxes applicable to your Membership Fees (for example, a change in the rate of GST).
All membership fee changes shall be notified to you in writing by the studio with atleast 14 days notice.
8. Payment: You agree to pay the Studio in cleared funds:
(a) the Membership Fees in advance for each Payment Cycle on and from the commencement date set out in the membership form; however adjustment shall be made by the Studio to the first and last payments to allow for broken periods in those Payment Cycles; and
(b) any other payments incurred by you under or in connection with this agreement when specified in this agreement and after demand for payment by the studio, and these payments may include, but are not limited to, any Upfront Fees, Early Termination Fee, late payment fees or charges, and default interest together with any GST on them.
9. Late payment: If payment of any fees has not be received by the due date, access to the membership shall be revoked. Payments under this agreement shall still be payable and access will be granted upon account being up to date.
The obligation to make payment of amounts under this clause 9 shall not detract from your obligation to make payment of any Early Termination Fees payable by you under this agreement or any amounts you become liable for.
10. Freezing your membership: If you know in advance that you will not be able to attend the studio for a period, you may put your membership on-hold at reduced fees for a minimum period of two weeks through to a maximum period of three months. Flexi memberships can not be placed on freeze. Six month plans require a hold fee of $5 per week. 12 month plans have no hold fee. To place your membership freeze, you must complete the freeze request form (available from our front desk or email firstname.lastname@example.org) and provide the completed form to the Studio at least 5 days before placing your membership on freeze. The fees that will apply to the freeze period are set out on the freeze request form. Freeze periods will not be counted by the studio in any notice period required for the termination of your membership, nor will they count towards the Minimum Term. Any freeze periods will be added to the length of the minimum term.
11. Event of default: Either party (Terminating Party) may terminate this agreement by written notice to the other (Defaulting Party) where the Defaulting Party materially breaches this agreement and does not remedy that breach after being given 7 days’ notice in writing by the Terminating Party (setting out the material breach and how the Defaulting Party must remedy the breach). If the material breach of the Defaulting party is one that cannot be remedied, the Terminating Party does not have to give time to the Defaulting Party to remedy that breach. Any breach any of the studio’s policies and procedures or non-payment of fees due for a period of more than 7 days or more will constitute a material breach and the Club will be entitled to terminate this agreement.
12. Limitation and liability
You shall be responsible for loss or damage which is caused by your use of the Studio. You understand the possibility of injury or other dangers connected with any form of physical activity including the activity usually included in your membership, and your use of any of the studio’s equipment or machinery or facilities is entirely at your own risk unless the Studio is negligent or at fault.
Nothing in this agreement is intended to have the effect of limiting or reducing your rights against us under the Consumer Guarantees Act 1993 (CGA). As a consumer, you are entitled to certain guarantees under the CGA. If we breach any of these guarantees, your rights of redress are set out in the CGA.
13. Use of information
(a) It is your responsibility to ensure that you update (by way of written notice to the Studio) all personal information held by the studio about you, including any contact details the studio may hold for you.
(b) You must ensure that all personal information you provide to the studio (as part of the application process or otherwise) is true and accurate and you must not knowingly provide any false information to the studio.
(a) If written notice is required to be provided to either party under this agreement, it may be provided in person or email at the addresses given on the membership form or as otherwise updated by you by way of written notice to the studio.
(b) The studio may be prevented from meeting its obligations under this agreement as a consequence of any cause or circumstance, including significant disruption, beyond the reasonable control of the studio. In these circumstances, the studio can suspend your use of the facilities and your Membership Fees will be suspended until the facilities are restored.
(c) This agreement is exclusive to you. The studio shall be entitled to assign this agreement, in circumstances where the studio’s business is being sold or restructured.
(d) This agreement shall be interpreted and enforced pursuant to the laws of New Zealand.
(e) If a dispute arises between the parties under or in connection with this agreement, the parties must follow the dispute resolution process set out below:
• The parties will use their best endeavours to promptly resolve any dispute or difference between them by way of good faith negotiations.
• If the dispute is not resolved by negotiation within 14 days of either party notifying the other of the dispute (or such longer period agree by the parties), either party may require the other to submit to mediation with assistance of a qualified mediator.
• If the dispute is not resolved by way of negotiation or mediation within 21 days of notification of the dispute, either party may take steps to seek relief before an appropriate court.
(f) The failure of a party to enforce any provision of this agreement shall not be treated as a waiver of that provision, nor shall it affect that party’s future right to enforce that provision.
(g) If any provision of this agreement is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of the agreement and shall not affect the enforceability, legality or application of any other provision of this agreement.
17. Members under the age of 18
lf you are under 18 years of age you must have your parent or legal guardian sign the below consent and indemnity before your membership will be accepted. If this is an on-line application, online acceptance by your parent or legal guardian will not suffice. You will need to come into the Club with your parent or legal guardian and have them sign the below consent and indemnity as part of the application process.
Parent/Legal Guardian: I am the parent/legal guardian of the Member. I have read this agreement and consent to the Member entering into this agreement. In consideration of the Club accepting the Member as a member, I accept responsibility for the obligations of the Member under this agreement (including payment of any fees payable under this agreement) if these are not enforceable against the Member because of his or her age or lack of capacity, or if the Member does not have sufficient financial resources to cover his or her obligations under this agreement.
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