Fitness 24/7 Memberships!

Terms and Conditions of the Fitness 24/7 Membership Contract
Parties to the Contract:

• The “Facility” means Fitness 24/7
• The “Member” means the person or party signing this Contract

Fitness 24/7 is Fitness 24/7 Membership Services, PO Box 107058, Airport Oaks, Auckland
Phone: 09 275 5003
E-mail: sales@fitness247.co.nz

All communication relating to this contract is to be sent directly to Fitness 24/7.

The Member acknowledges that Fitness 24/7 has been Contracted by the Facility to collect the membership instalments due under this contract, and for the purpose of the Contracts (Privacy) Act 1982 and otherwise specifically acknowledges that all rights of the facility pursuant to this Contract are able to be enforced by Fitness 24/7 as if it were the Facility without any involvement on the part of the Facility or the consent of the member.

The member also acknowledges that they are aware they could attend the facility on a casual basis paying for each attendance and that there is no interest or credit component to the instalments being paid.

Payments

The member agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 3. The member may alter the payment frequency and/or Day to Debit by requesting the change to Fitness 24/7. Any change shall not however affect the total amount the member would otherwise have paid for the minimum term of this contract. Should there be any arrears in payments the member authorises Fitness 24/7 to debit up to and including the outstanding balance in order to bring the account up to date.

Termination of Membership

The member may request termination of this Contract after the expiry of minimum term and after all instalments and fees up until the date of termination are paid in full. In order to terminate this Contract the Member must contact Fitness 24/7 and give 30 days notice in writing of the termination request. Any payments that fall due within this notice period shall be payable in full and the member shall be entitled to use the facility for any time paid for during this notice period. The Member shall not consider that this membership has been terminated until such time as this is confirmed in writing to the Member by Fitness 24/7.

The Member may terminate this contract before the expiry of the minimum term by making payment to Fitness 24/7 of a cancellation fee to compensate the facility for the loss of income it is contractually entitled to receive. The cancellation fee shall be calculated as half of the payments the Member would have made in the future had they completed the balance of the minimum term plus an administration fee of $60.00

Late Payment Fee

A late payment fee of $5.00 is payable by the Member to Fitness 24/7 for each reversal of a payment initiated by Fitness 24/7 in accordance with the terms and conditions of this contract.

Privacy

The Member acknowledges that personal information collected by or held by the facility or Fitness 24/7 maybe used by third parties approved by the facility to make offers to the Member. If you prefer not to receive these third party offers please send your name and address with the appropriate direction to Fitness 24/7. The Member also authorises the Facility or Fitness 24/7 to contact the Member for any purpose. The Member has the right under the Privacy Act 1993 to obtain access to and to request correction to any personal information concerning the member held by the Facility or Fitness 24/7.

Liability

To the extent permitted by law, the Facility and Fitness 24/7 shall not be liable or responsible to the member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatsoever and howsoever arising. Nothing in this clause is intended to have the effect of Contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by that Act.

Credit/Debit Reporting Agencies

The Member authorises Fitness 24/7 to notify any debt collection/credit reporting agency upon default by the Member in regard to any obligation under this Contract. Should this occur the full outstanding balance for the remainder of the minimum term including any current arrears shall be immediately due in full. In addition Fitness 24/7 shall add $50.00 to the outstanding debt as its fee for dealing with the defaulting member. The Member agrees to pay any and all cost incurred as a result of debt collection including the commission charged by the debt collection agency (approx an additional 25% of the outstanding debt).

Entitlement

The Member acknowledges that provision of services provided by the facility may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. The Member agrees to be bound by the rules of the Facility. The facility and/or Fitness 24/7 may remove entitlement of use of the Facility if the Member fails to comply with the rules of the facility or fails to make payment of any fee on the due date.

Increase in Fees

At any time after the end of the minimum term upon sending written notice to the Member’s last known address the instalment amount may be increased.

Transfers

The Member is at the sole discretion of Fitness 24/7 and the Facility able to transfer this membership to another person, under the following terms and conditions:

• There is a fee of $25.00 for this service to the new member which is payable to Fitness 24/7 with the first instalment.
• The Facility will also charge $50.00 for this service.
• All the terms and conditions of the previous contract shall continue to apply to the previous member until such time as the previous contract is terminated by Fitness 24/7.
• The Membership instalment may be adjusted in line with the normal rate charged by the Facility at the time of transfer.

Suspensions

The Member may suspend the membership and payments due to either serious illness/injury (medical certificate to be provided) or extended overseas travel (copies of tickets to be provided). Suspensions must be for a minimum of 1 month and the length of suspension shall be determined by Fitness 24/7 based on the information provided. A fee of $25.00 is payable to Fitness 24/7 for each suspension.

Entire Agreement

This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between the Member, the Facility and Fitness 24/7 relating to the subject matter of this Contract and the supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

Medical Waiver

The member takes full responsibility to use the facility unattended and unsupervised. The facility advises that any person undertaking physical activity should seek medical advice first.

Is this a fixed term contract?
Yes

If I default on my fees what happens?

The following date of normal payment the overdue fees plus your normal payment will be deducted. If you are in default by more than one month we will be contacting you to make catch up payments and your ability to use the facilities may be restricted. We will endeavour to get hold of you to help you catch up on these payments, however if we’re left with no alternative we will be referring this to Baycorp.

Please do not just cancel your direct debit at the bank – contact us first.

How can I terminate my membership?

If you wish to cancel your membership you must give 30 days notice. You can do this by completing a membership termination form, handing it into reception or send it to us by email. If you are still in your fixed term contract period you will also be required to pay half of the remaining fees for that contract period. If you are in default on your membership you are required to bring this up to date.

What if I go on holiday?

If you are planning to go away, come in and let us know and we can suspend your membership.

Can I suspend my membership?

Yes you can. Contact us and we will send you a suspend membership form. Suspensions must be for a minimum of 1 month and the cost is $25. Your membership fees must be current.

• Members and paid non-members of Fitness 24/7 must abide by the rules and regulations written here for the wellbeing and safety of all people or persons entering the gym facility.
• Please ensure that all personal belongings are stored safely away or in the provided facilities. Neither Fitness 24/7 or its staff will be responsible for any loss or damage to property that is held within the premises.
• Lost property – Fitness 24/7 reserves the rights to dispose of any items unclaimed and non-valuable after a certain time where the gym deems fit.
• Members are not allowed at any stage to go beyond the gym area (e.g restricted offices, stores or staff rooms) unless authorization has been permitted by management staff.
• Swipe Cards – Our policy is that your card is to be used for yourself and no one else. We will therefore immediately cancel the membership of any member found to be sharing their card.
• During peak times at the gym a workout of 15/20 mins is required.
• Suitable attire must be worn during sessions. E.g. T-shirts and gym shoes.
• Smoking is prohibited at all times in all areas of the building.
• Please use suitable language whilst in the gym.
• Photographs must only be taken with the authorisation of management for professional reasons only.
• Any members with serious health risks need to advise the staff of any difficulties that they may experience during the session.
• If you wish to discuss any issues or suggestions please feel free to approach the friendly Fitness 24/7 staff or manager on duty.