NZ MUSCLE LIMITED
MEMBERSHIP TERMS AND CONDITIONS
These Terms govern the access or use by you of the fitness facilities, equipment and other related services (Services) made available to you by NZ Muscle – 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 NZ Muscle and you. If you do not agree to the Terms, you may not access or use NZ Muscle’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” 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 33A Constellation Drive, Mairangi Bay, Auckland, New Zealand, or any other premises that NZ Muscle may relocate to.
(d) “Joining Fee” means $29 (inclusive of GST). NZ Muscle reserves the right to adjust the Joining Fee at any time without notice.
(e) “NZ Muscle” means the private limited liability company< NZ Muscle Limited, having its offices at 33A Constellation Drive, Auckland, 0632, New Zealand, and registered at the New Zealand Companies Office under number 1862509.
(f) “Payment Provider” means the private limited liability company, Debitsuccess Limited, having its offices at 5 The Warehouse Way, Northcote, Auckland 0632, New Zealand, and registered at the New Zealand Companies Office under number 620358, which will provide direct debit and credit card payment facilities.
(g) “Website” means www.nzmuscle.co.nz.
(h) “Working Day(s)” means any calendar day other than Saturday, Sunday, New Zealand statutory holidays, any regional holiday in Auckland, and the period between 24 December to 5 January inclusive.
2.1 You acknowledge and agree:
(a) To correctly and promptly inform NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle’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 NZ Muscle 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 NZ Muscle’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 NZ Muscle’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 NZ Muscle is in breach of its obligations under these Terms, NZ Muscle’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.
6.1 If you elect to pay your membership fees on a weekly basis you agree to enter into an agreement with NZ Muscle’s Payment Provider authorising the monies to be direct debited from your nominated bank account or credit card, 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 NZ Muscle 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 NZ Muscle, but you continue to access the Fitness Facilities you acknowledge that you will revert to a weekly membership.
MEMBERSHIP FEES INCREASE
8.1 NZ Muscle reserves the right to adjust the membership fees charged for the use of its Services. If your membership is paid on a weekly basis NZ Muscle 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 NZ Muscle’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. NZ Muscle reserves the right to refer overdue monies to an external collections agency, as a result of which you will be liable to reimburse NZ Muscle for any debt recovery, internal administration fees or legal costs incurred. If you fail to pay your membership fees by the due date, NZ Muscle 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 NZ Muscle 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. NZ Muscle 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. NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle staff present and the non-member has completed a temporary membership agreement which will be subject to these Terms. NZ Muscle 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 NZ Muscle 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 NZ Muscle. NZ Muscle 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. NZ Muscle will be entitled to keep your Joining Fee.
14.3 For all pre-paid memberships validly cancelled within the Cooling-Off Period NZ Muscle will transfer any unused membership fees less an amount equivalent to the Joining Fee within ten (10) Working Days from the date on which NZ Muscle 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 NZ Muscle is served ten (10) Working Days’ advance notice in writing. Upon receipt of your written cancellation notice, NZ Muscle will provide confirmation of receipt within one (1) Working Day. If you do not receive a confirmation of receipt from NZ Muscle it will be your responsibility to contact NZ Muscle 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.
NZ MUSCLES’ RIGHT TO CANCEL
16.1 NZ Muscle 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 NZ Muscle staff;
- Damaging equipment or the Fitness Facility;
- You conduct, promote or solicit other business at the Fitness Facilities without NZ Muscle’s prior consent in writing.
Termination will be effective on the date that NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle 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 NZ Muscle does not manufacture fitness or other equipment, but purchases or leases equipment, and that NZ Muscle is providing recreational services and is not liable for defective products.
18.5 You release NZ Muscle 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 NZ Muscle or its’ staff or any other person using the premises.
18.6 You are solely responsible for any damage you cause to NZ Muscle, 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. NZ Muscle 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 NZ Muscle 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, NZ Muscle may be required to restrict the use or temporarily close the Fitness Facilities from time to time. NZ Muscle 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 NZ Muscle 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) NZ Muscle 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 NZ Muscle’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 NZ Muscle.
21.2 NZ Muscle may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, NZ Muscle will remain liable to meet its obligations to you under these Terms.
22.1 You agree to indemnify NZ Muscle against all and any damages, losses, claims or liabilities which NZ Muscle 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. NZ Muscle takes no responsibility for the services provided or the fees paid to these contractors and you agree not to hold NZ Muscle liable and agree to indemnify NZ Muscle for any claims suffered by you as a result of negligence by a contractor.
THESE TERMS MAY CHANGE
24.1 NZ Muscle 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 NZ Muscle. 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 NZ Muscle 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 NZ Muscle 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).
YOUR CONTACT DETAILS
Full Name: ___________________________________________________
EMERGENCY CONTACT DETAILS
Full Name: ___________________________________________________
Do you have or have you had any of the following:
(a) A heart or any other cardio vascular condition? Yes / No
(b) Unexplained pains in your chest whist resting or during any physical activity or exercise? Yes / No
(c) An asthma attack requiring immediate medical attention? Yes / No
(d) Diabetes (type one or type 2) or any trouble controlling your blood pressure? Yes / No
(e) Any diagnosed muscle, bone or joint problems that you have been told by a medical practitioner that could be made worse by participating in physical activity or exercise? Yes / No
(f) Any physical or medical condition(s) that may make it dangerous for you to participate in physical activity or exercise? Yes / No
If you answered “Yes” to any of the above questions you may need to seek medical clearance before participating at the Fitness Facility. NZ Muscle reserves the right to request a current certificate from your Doctor or an appropriate medical practitioner before you undertake any physical activity or exercise at the Fitness Facility.
By signing you acknowledge that you have received, read and understood these Terms, and that you agree to be bound by these Terms for the duration of your membership with NZ Muscle.