TERMS AND CONDITIONS

These terms and conditions contain important information about becoming a Fitzone member. You should read this document carefully and make sure you understand it before you join. If you do not understand something ask us or seek advice.

What is set out in this agreement overrides anything that anyone may have said to you. If there is something in this document that differs from anything that you have been told, you should tell us before signing this agreement. If we do not enforce our contract rights at any time that does not mean we have waived those rights. The terms and conditions of our club rules may change from time to time. The most up-to-date version of our terms and conditions and club rules will always apply. You can find copies of our most recent terms and conditions at the club or on our website at www.fitzonenz.com

1. Definitions.

1.1 in this agreement there are some words and terms used repeatedly. To make things easier to understand when we use those words and terms they will have the following meanings:
-Fitzone: The company, us, we, our, means Fitzone NZ. Matamata Sports Centre, Meura St, Matamata 3440, 223 Whitaker Street, Te Aroha 3320 and 3 Princes Street, Paeroa 3600.
-Member: you, your, means the person described in the membership agreement and there referred to as member
-Membership means a membership at Fitzone NZ
-Rules means the rules specified in the terms and conditions, in club signs and handouts. The rules for using club equipment and behaviour.

2. Membership agreement

2.1 This membership agreement is a legally binding contract between you and us.

2.2 By entering into this agreement you purchase a membership or services and you agree to all terms and conditions of this agreement.

2.3 You acknowledge that neither the company nor anyone on behalf of the company has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement.

2.4 You agree that this document sets out the complete agreement between you and us.

2.5 If any part of this agreement is unforeseeable or invalid the remaining parts will continue.

2.6 If the company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.

3 Memberships

3.1 We provide the following memberships: Fit Lifestyle - commitment of 104 weekly payments followed by a week-by- week membership until we are notified to cancel by you by email and you have recieved confirmation of cancellation. Cancellation fees will apply if you wish to cancel before the minimum term is up. Please refer to clause 7 for details.

Fit N Commit - commitment of 52 weekly payments followed by a week by week membership until we are notified by you to cancel through email and you have recieved confirmation of your cancellation. Cancellation fees will apply if you want to cancel within the commitment period. Please refer to clause 7 for cancellation details.

Fit N Go - no commitment period required. This is a rolling week by week membership until we are notified by you through email and you have recieved confirmation. Please see clause 7 for cancellation details.

Payment of your membership is required upfront and in full for 3, 6 or 12 months. This membership is non-refundable and cannot be cancelled or put on hold. The membership length that you purchase is the length you can redeem and that length only.

3.2 Members who are unable, by reason of temporary physical incapacity, to utilize the fitness services may seek to temporarily put their membership on hold. Reasonable admin charges may apply.

3.3 Membership is subject to current terms and conditions, company policies, rules and limitations to any future changes to those terms and conditions, company policies or any future changes.

3.4 Memberships are not refundable except as providable by law.

3.5 You must ensure that you provide us with any details that affect your membership this includes changes to your contact details, address and nominated account details.

4 Paying for your membership

4.1 Fees and charges payable by you, as set out in the membership agreement, are payable in advance.

4.2 We may recover from you any merchant or other fees attendant credit card to us as a result of payment by you, whether by credit card or otherwise.

4.3 We reserve the right to charge you a processing fee in the event of failure of your direct debit or any other failed payment. We use a third party as our billing provider and you may be asked to fill out a direct debit request (DDR) to allow deductions from your financial institution of choice.

5 Cooling off period

5.1 You may cancel the contract any time before midnight on the seventh calendar day after signing this agreement by delivery in writing to the club or the address shown on the website. This notice may also be given by email. Please note various promotions may apply when you join that may extend the cooling off period.

5.2 Upon cancellation under this clause you will not be refunded any purchases or personal training packs or joining fees. No Cash refunds will be issued.

6 Transferring your membership

6.1 You can elect to transfer your membership to another person. Please note that transfer fees will apply. We can transfer your contract to another person at any time.

7 Cancelling your membership

7.1 A minimum of 10 days’ notice is required.

7.2 We provide the following cancellation options:
a) Fit n Go can be cancelled at any time with 10 days written notice without incurring any cancellation fees.

b) Fit n Commit can be cancelled at any time with 10 days written notice incurring a $150 cancellation fee or 24% of the remaining memebrship balance, whichever is the lesser.

c) Fit Lifestyle can be cancelled only after the 12th month of commitment with 10 days written notice, incurring a $150 cancellation fee or 25% of the remaining membershi balance, whichever is the lesser.

7.3 Members may cancel their membership at any time by reason of permanent physical incapacity verifiable by a medical certificate. Written notice with the medical certificate must be supplied. Reasonable admin charges may be applied.

8 Using the club

8.1 Members under 13 must be supervised by a parent/guardian or a personal trainer/fitness instructor.

8.2 We recommend that if you are under 18 years of age you seek medical advice about the right exercise for you. Additional exercise programmes may incur an additional fee.

8.3 Your membership allows you to use the club as per terms and conditions.

8.4 Guests on a free week of fitness will be subject to the same rules as the members. The guest must sign in at reception via gym master every time they enter the club and are responsible for their own conduct and behaviour.

8.5 You will be provided with an access card when you join. If you try to access the club without your access card we may refuse you entry.

8.6 We provide open lockers to use when you are exercising in the club. These are not security lockers and valuables are left in there at your own risk. The locker is not to be used to store your personal belongings when you’re not in the club. Lockers are cleared overnight and your belongings will be removed.

8.7 Clothes – all members and guests are to make sure they are wearing suitable clothes and enclosed sport shoes in all areas.

9 Facilities and Services

9.1 You’re responsible for using our facilities, equipment and services correctly. If you are in doubt please see a staff member prior to using the facilities equipment and services.

9.2 We reserve the right to remove, delete or replace equipment and/or services in our clubs.

9.3 It is acknowledged that equipment and services are on a first come first served basis.

9.4 We may on occasion close a club for refurbishment. If we close for more than two days you can request a time freeze at no cost.

10 Physical condition/medical advice

10.1 It is up to you to let us know if you have any medical or physical conditions which might prevent or affect you’re use of our facilities

10.2 By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use the facilities and services.

10.3 You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities.

10.4 You should check with your doctor before using the facilities if you have any doubts or concerns in that regard.

10.5 If your medical condition changes after you join, you must inform us prior to using the facilities.

11 Release

11.1 You acknowledge that the use of our facilities and services involves risk of injury ranging from minor injury to death. This includes the risk of soft tissue injuries, broken bones and joint injuries.

11.2 You agree to make sure that you know how to exercise safely and will ask for assistance or advice if necessary.

11.3 You agree that the use of our facilities and services is on the basis that you accept such risk and that you agree that the company, directors, employees, volunteers and independent contractors will not be liable for any injury (including but not limited to personal bodily or mental injury, economic loss or damage to you, your partner, spouse, unborn child or relative).

11.4 You also agree that we will not be liable for any personal property that is damaged lost or stolen while on our premises unless caused by an act of gross negligence by the company. This includes any motor vehicle or anything in any motor vehicle.

11.5 You will be responsible for the cost of repair and/or replacement of any damage to our property caused by you or a?? guest.

12 Issues with outside providers

12.1 Outside providers may provide a number of services in our club, such as personal training and massage. Members pay fees directly to these outside providers. As such we are not responsible for these fees.

12.2 Claims due to the action or inaction of an outside provider should be taken up with the provider directly. We will endeavour to assist in resolving any issues with providers but you agree that we are not liable for any issue resulting from an act or lack of action by an outside provider.

13 Rules and regulations

13.1 You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of premises and in relation to membership that may vary from club to club.

13.2 We reserve the right to vary such policies, rules and regulations from time to time.

13.3 Violations of membership policy, rules and regulations may result in termination of membership at our sole discretion.

13.4 We reserve the right to refuse entry to anyone including members.

13.5 We reserve the right to cancel membership for breach of agreement, misconduct, damage to equipment, inappropriate behaviour or drug use, including where circumstances so warrant, without notice or warning.

Terms and conditions – Free week of Fitness

1. The promoter is conduction, promotion in the Fitzone gym only.

2. The “free week of fitness” is limited to local residents only. Proof of local residency can be requested if the manager deems it to be appropriate. One pass is issued per person and is valid for Fitzone first time users only.

3. The pass must be activated before the expiry date.

4. Passes that are not activated before the expiry date are void.

5. The pass is only valid at Fitzone at the time of validation.

6. The pass includes small group training sessions on the current Fitzone timetable but no additional training (personal training) is included.

7. A “free week of fitness” is valued at $70.

8. This offer cannot be used in conjunction with any other offer.

9. The promoter or participating outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss), for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies the promoter and the participating outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.

10. The manager reserves the right to cancel the pass at any time during the 7 days at their discretion.

11. The promoter is Fitzone.