TERMS + CONDITIONS. Agreement: this membership agreement made between you ( the Member ) and Stronghold Fitness Limited trading as Stronghold Fitness.

Transcription

1 1. DEFINITIONS In this Agreement the following terms apply: Agreement: this membership agreement made between you ( the Member ) and Stronghold Fitness Limited trading as Stronghold Fitness. Studio: Stronghold Fitness Ltd where you applied for your membership as described in this Agreement, located at Unit 2/3 Onslow Avenue, Manukau City. Stronghold Fitness Ltd: includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, employees and contractors. You: ( Your ) being the person described in this Agreement who is applying for the Stronghold Fitness Ltd membership. 2. Stronghold Fitness POLICIES AND STUDIO RULES This agreement is written in conjunction with the terms of the Stronghold Fitness Membership Policies and Studio Rules (which are located at the Studio located at Unit2/3 Onslow Avenue, Manukau City). 3. MEMBERSHIP a) Nature of Membership: Your membership permits you to use Stronghold Fitness premises, facilities, equipment and services as allowed and approved based on your membership type. b) Transfer of Membership: Members are unable to transfer their membership to third parties. c) Membership on Hold : Stronghold Fitness will only put your membership on hold if you qualify under the membership hold policy set out by the Studio. To be eligible for a membership hold, your fees must be current and up to date. If the membership is not resumed within 6 months apart from in the event of a medical condition or injury the Studio reserves the right to cancel the membership and charge any applicable cancellation fees.

2 d) Membership Period: You agree to join Stronghold Fitness for the minimum period specified on your membership application form. Members are required to pay the weekly payment fee regardless of attending any sessions for the week during the period of agreement. e) Cancellation of Membership by Member: You may cancel this contract by advising Stronghold Fitness in writing within 10 business days after the date is accepted by Stronghold Fitness. f) Refund due to any Cancellation or Termination of Membership: Stronghold Fitness are not obliged to give members any refund if a membership is cancelled or terminated within the minimum period. g) Termination of Membership: Stronghold Fitness reserves the right to terminate membership in the event of the following: i. Payment membership is in arrears for any fees or services ii. Member s conduct is improper or harmful to the best interest of Stronghold Fitness and/or its members. iii. Member is in breach of the Studio rules. iv. Termination of membership is effective on the date Stronghold Fitness advises the member by /mail/text to the last known address/number. v. Any money owing to Stronghold Fitness, when your membership ends, remains immediately due. vi. You may cancel your membership within your contract term however there will be a $150 cancellation fee imposed. 4. FEES You agree to pay the fees as set out in this Agreement and agree to be bound by the payment terms and conditions. a) You agree to make a payment in advance covering one week s regular payments which fall due before your direct debit will be activated on a standard payment date. b) Further regular payments will be made, in advance by direct debit to Stronghold Fitness 5. MEMBERSHIP FEE INCREASE Stronghold Fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. Stronghold Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current /mail address you have supplied.

3 The changes will take effect 30 days after the notice has been received by you. We deem receipt to have occurred 2 business days after the notice was posted. At the end of the 30 day period, you authorise Stronghold Fitness to charge any such applicable fees as required. 6. MINIMUM AGE All minors under the age of 18 must have a parent or guardian co-sign the Membership Agreement form. Minors under the age of 16 must comply with the following restrictions: a) Access during staffed hours only. b) Pre-exercise questionnaire to be completed by parent or guardian. c) A suitable qualified Personal Trainer is to undertake a pre-exercise assessment and then provide an exercise program for the minor prior to commencement of exercise. 7. RELEASE You use the Facilities provided by Stronghold Fitness at the Studio at your own risk and acknowledge that the use of the Studio may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Stronghold Fitness against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person. 8. INDEMNITY You indemnify Stronghold Fitness against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that Stronghold Fitness incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Studio or in the vicinity of the Studio.

4 9. EQUIPMENT You understand and acknowledge that Stronghold Fitness purchases or leases the equipment from a third party and therefore do not manufacture any of the fitness or other equipment used in the Studio. You understand and acknowledge that Stronghold Fitness is providing recreational services and may not be held liable for defective products or equipment. 10. PHYSICAL CONDITION AND NO MEDICAL ADVICE By signing this document you deem yourself to be in fair physical condition and have no medical reason or impairment that might prevent you from you using the equipment at the Studio. You acknowledge that Stronghold Fitness did not give you medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment. If you have any health or medical concerns now or after you join as a member of the Studio, you must discuss them with your doctor before using the equipment. 11. LIABILITY FOR PROPERTY If you cause damage to the Studio or any equipment you are liable to Stronghold Fitness for its cost of repair or replacement. 12. CHANGE OF DETAILS You must provide us with any changes to your details which are relevant to your membership. 13. PHOTOS AND VIDEO RECORDINGS ONSITE The Studio reserves the right to take photos/record videos onsite for training and promotional purposes. Any member that takes photos/videos that violate the safety and security of any person s onsite may have their membership terminated immediately.

5 14. Stronghold Fitness LIABILITY TO MEMBERS You have rights under the Consumer Guarantees Act Other than those rights and the rights given to you under this agreement. Stronghold Fitness will act with reasonable care and skill however Stronghold Fitness is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Studio including, but not limited to, a vehicle or its contents or any property left in the open. Compensation for personal injury by accident in New Zealand is covered by The Accident Compensation Act ENTIRE AGREEMENT AND ENFORCEMENT You acknowledge that neither Stronghold Fitness nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and Stronghold Fitness and replaces any oral or other written agreement. Any manual or hand written changes to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Stronghold Fitness does not enforce any rights in this agreement for any reason, Stronghold Fitness does not waive its right to enforce it later. I acknowledge that I have read the above terms and conditions and agree to them. FOR MEMBER NAME FOR STRONGHOLD FITNESS SIGNATURE SIGNATURE DATE DATE

6 MEMBER NAME: SIGNATURE: DATE: STRONGHOLD FITNESS: SIGNATURE DATE