TERMS & CONDITIONS OF MEMBERSHIP In these terms and conditions ( Terms ) we have used we, us and our to refer to ATP FITNESS CLUB LIMITED and you and your to refer to you, the person whose name and details appear on the Membership Application under Your Details ( Application ) attached to these Terms. Memberships 1. You are applying to become a member of ATP Fitness Club ( Club ) under the Membership Option selected by you on the Application ( Option ). Your membership entitles you to use our facilities available from time to time by way of attendance at a class in accordance with our Class Bookings in clauses 49 to 52 of these Terms or in an open gym, at any Club in operation. 2. Your membership will begin, provided that: (a) You are at least 16 years old to be a member of our Club and if you are under 18 years of age a parent or guardian must co-sign your Application and by doing so guarantees any payments required by you in accordance with Clause 57 of these Terms; and (b) You have agreed to these Terms by signing your completed Application, and (c) You have completed and provided to us your payment in full of your Option or a payment authority with Ezidebit (NZ) Limited ( Ezidebit ) being either the Credit Card Request or Direct Debit Request ( Payment Option ) in the form attached to these Terms ; and (d) You have provided all necessary identification required for your Option; and (e) We have received your initial payment of payment in full of your Option or one fortnightly payment of your Option plus an administration fee of $20; and (f) We have no reason to believe that there is a risk to your health and you should not be undertaking physical training with us. 3. Your membership will begin on the date you have complied with paragraphs (a) to (f) above and expire at the conclusion of the term set out in your Option. Continuation of Membership 4. Where you have selected a Membership Option in your Application (not a Casual Option) upon the expiry date of your membership provided your fortnightly payments continue, your membership will continue at the same rate and on these Terms until such time as you provide us with two (2) weeks notice of your wish to cancel your membership. Transfer of Membership 5. Memberships cannot be transferred to another person. Your membership is personal to you. Payment and Fees 6. Ezidebit is the Direct Debit initiator of ATP Fitness Club Limited under Authorization Code 0218995.
7. If you have selected a Membership Option in your Application, your fortnightly payment of your Option must be made through a Payment Option. 8. You agree to the terms and conditions set out by Ezidebit with respect to the applicable Payment Option. 9. You agree to pay your membership fees and any transaction or card fees set out in the Payment Option fortnightly in advance until your membership is terminated in accordance with these Terms. 10. You acknowledge it can take up to 3 days for payments to be processed from your account. You are obligated to ensure sufficient funds remain available to cover all your fortnightly payments due under your Option for at least 3 days after each such payment is due. 11. If you have selected a Casual Option, payment in full must be made before your membership can begin. 12. All fees under your Option include Goods and Services Tax (GST). Your fees will change in alongside any government GST rate changes; this applies even whilst you are inside your current Option. Membership Type 13. Fees for each Membership Option may vary. Qualifying identification may be required for certain Membership Options. 14. You may change your membership to another Membership Option providing for a membership of longer duration than current Option or to a Student Option or Partners Option. This is provided you supply to us any valid identification as might be required by your new Membership Option, complete and provide to us an amended Payment Option and pay the then current fortnightly fee applicable to the new Membership Option you have selected current at the time of your request for your new Membership Option. 15. We must receive notice of any change to your Membership Option at least 4 days prior to the start of the fortnightly billing period from which you want the change to be effective. 16. Any change in your Option and fortnightly fee payable shall not be applied retrospectively and shall only apply from the first payment due after the date notice is given in accordance with clause 13 above. 17. Student Membership rates are only available to full time students. Valid student identification and confirmation of your course details must be provided with your Application. If your student status changes you must notify us immediately and you agree your Option and fortnightly fee payable will be changed as required with any change in your student status. If such a change to your Option and fortnightly fee is required complete and provide to us an amended Payment Option and pay the then current fortnightly fee applicable to the new Membership Option you qualify for. 18. Partners Membership are only available to legitimate partners which shall be determined by us in our sole discretion. If your relationship status changes you must notify us immediately and you agree your Option and fortnightly fee payable will be changed as required with any change in your relationship status. If such a change to your Option and fortnightly fee is required complete and provide to us an amended Payment Option and pay the then current fortnightly fee applicable to the new Membership Option you qualify for. Suspend your Membership 19. If your Option is a 9 or 12 month membership then you may suspend your membership and payments twice during this period for a minimum of 14 days and a maximum period of two months ( Suspension Period ). The expiry date of your membership will extend by the Suspension Period. You must give us at least 7
days notice of your intention to suspend your membership. All membership fees owing under your Option must be up to date. 20. An administration fee of $20 is payable to us for each suspension. Cancellation of Membership 21. You may notify us that you wish to cancel your membership within 7 days starting on the date that you sign these Terms ( Cooling Off Period ). If you do so, we will refund any fees which you have paid to us after you return any membership card issued, gifts and any other documentation which we have provided to you upon joining. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the applicable Casual fee for each visit you have made and an administration fee of $20. 22. You may cancel your membership during the contract period if you become sick or incapacitated. A certificate from a medical practitioner with a general scope of practice is required confirming your inability to train with us. Cancellation will apply from the date we receive such medical confirmation. 23. If you wish to cancel your membership for any other reason, you may do so by paying out the remainder of your Option at the amount remaining that would have otherwise been payable throughout the term of the Option to expiry. 24. We retain the right to cancel your membership at any time without notice if you or your guests behave in a manner that is dangerous or seriously inappropriate, including but not limited to: (a) Threatening or harassing others (b) Damaging equipment (c) Using illegal or performance enhancing drugs or offering them to other members. (d) Providing instruction to other members when not authorised to do so. 25. Any unreasonable actions by you or the non-compliance to these Terms may result in a warning of cancelled membership. If the inappropriate behaviour is not rectified upon receipt of such warning, we may, at our sole discretion, cancel your membership. 26. On cancellation of your membership any outstanding membership fees remain due and payable. 27. We may cancel your membership if you fail to comply with these Terms or fail to make payment of any fortnightly fee on its due date for payment or if we have reason to believe you should not be undertaking physical traing with us. Health and Safety 28. You take full responsibility when using our facilities by attending classes or in Open Gym. We advise that any person undertaking physical activity should seek medical advice first. 29. You take full responsibility in your use of our facilities unattended and unsupervised. 30. You warrant to us that you have fully disclosed all injuries and health issues that may affect your ability to exercise or participate at our facilities in your Application and you do not know of any medical or any other reason why you cannot take part in active or passive exercise.
31. You must notify us in writing with full details if you believe there is any risk to your health from taking part in any fitness activities at our facilities or if any injuries or health issues stated in your Application change after your membership begins or if any injuries or health issues develop after your membership begins. 32. If we have reason to believe that you should not be undertaking physical training with us we may, at our sole discretion, refuse your Application, suspend your membership or cancel your membership until a doctor with a general scope of practice certifies your participation to our exercise programme. 33. You will not use our facilities whilst suffering from an infection, a contagious illness, a physical aliment, such as an open wound, or where there is any other risk, whatsoever to other members and guests. 34. Our staff and contractors are not medically qualified to assess physical conditions. If you are in any doubt, we recommend seeking medical advice before commencing any exercise. 35. It is, at all times, your responsibility to make sure that you know how to exercise safely by using your best endeavours during instruction and requesting extra assistance or advice from the staff if you are unsure. Your Responsibilities 36. You agree to abide by and respect the rules of our facilities as set out in these Terms and otherwise displayed at our facilities and on our website and/or social media from time to time. 37. You must wear suitable clothing and enclosed sports shoes when using our facilities. We do not allow clothing that displays offensive images or inappropriate advertising. You agree to consider and acknowledge your personal hygiene when visiting our facilities. You will respect other visitors and members with regard to your body odour and hygiene practices. You will use a clean towel whilst using equipment, including exercise mats and rollers. 38. You are responsible for using our facilities and equipment correctly. You will ask for assistance if you are unsure on the correct use of our facilities and equipment. 39. You will respect our property and equipment by using it correctly and treating with care acknowledging considerable expense is invested in providing quality equipment for our members. 40. You are responsible for any damage to our facilities or equipment caused by you or your guests through a wilful act or negligence. 41. You are responsible for your personal belongings whilst on our premises and at any alternate venue we may use from time to time. We do not provide security lockers to keep valuable items safe.. We do not accept responsibility for any loss or damage to your personal property. 42. You will to inform us of any changes to your circumstances that may affect your membership, and any changes to your: (a) Contact details including phone numbers, postal and email addresses as provided on your Application; and (b) Any other personal information that is relevant to your membership including but not limited your student or relationship status. 43. We retain the right to refuse entry to any person, including members to our premises, at our sole discretion. 44. You are responsible for your vehicle whilst using our facilities either in the car park on our premises or outside of our premises. You will be considerate to surrounding businesses and operations whilst parking.
Our Liability 45. To extent permitted by law, we shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage to you or the property of you whatsoever and howsoever arising including but not limited to the following; (a) For any loss incurred by you of any kind if you fail to comply with your obligations as outlined in these Terms; (b) For loss, damage or theft of personal property at our premises or alternate venues e.g. Skoglund Park (c) For loss, damage or theft of your vehicle or its contents whilst parked on our premises or outside our premises at any time; (d) For loss or damage suffered by you caused by events which neither us nor our suppliers could have foreseen or prevented despite all reasonable care taken. Advertising and Publicity 46. Photography or videography may, on occasion, be taken of our facilities, its members and activity. By the Terms you agree to allow us to use your image in promotional and other business-related material. We will take reasonable care not to publish any discriminating images. Children and Guests 47. You are permitted to bring your children (and guests) to our facilities, if there are no alternate arrangements, provided they are able to remain in a designated area unsupervised for the duration of your attendance and not cause disruption. We take no responsibility for your children (or guests) or their actions. Any inappropriate behaviour displayed or damage caused to people or property by your children (or guest) will be dealt with in accordance with Clause 24 to 27 of these Terms. Open Gym 48. We are not responsible for your actions or training whilst you are using our facilities and training under in an Open Gym. Our coaches and other members are not to be unreasonably disrupted during this time. You will train under your own direction with guidance from your own personal programme or one that has been designed for you by our staff. Class Bookings 49. Upon your membership beginning in accordance with clauses 2 and 3 of these Terms, we will provide you with a login and password for our Mindbody class booking system. 50. If you do not attend a class that you have booked then you will forfeit your purchase, and in the case of a Casual Option may not receive a refund or credit. 51. We have a 24 hour cancellation policy. Your booking may be cancelled up to 24 hours in advance. In the case of a Casual Option, you will receive a full credit to be used for an alternative booking for up to 30 days after the date of the cancelled booking. If you cancel within 24 hours of your booking you will considered as having not attended and clause 50 shall apply. 52. Subject to clauses 50 and 51, merchandise and prepaid services, including payments made to us for your Option are non-refundable.
Entire Agreement 53. These Terms constitute the entire agreement, understanding and arrangement (express and implied) between you, and us relating to the subject matter of these Terms and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. Entitlement 54. You acknowledge that provision of the services provided by us may change and for those purposes these Terms are based on entitlement to use and not on actual use. Agreement 55. By signing the Application you agree to be bound by these terms and our rules. Notice 56. All notices or documents given by us or you under these Terms must be in writing and delivered by hand personally to us or you or by email to us at pele@atpfitness.co.nz or you at the email address provided on your application and confirmation of the sending of any email to such addresses shall constitute delivery of such document or notice being given for the purposes of these Terms. Guarantee 57. The Guarantor, being the person whose name appears in the Application under Guarantor Details ( Guarantor ) agrees to the following terms by siging the application: (a) The Guarantor hereby guarantees, unconditionally and irrevocably, to guarantee the payment of all membership fees due and payable under your Option; and (b) The obligations of the Guarantor will remain fully effective until all of the fees and obligations under these Terms have been paid and performed.