URBAN FITNESS LTD MEMBERSHIP TERMS AND CONDITIONS OF SERVICE.

By choosing to become a member of our gym you agree to these terms and conditions. Please make sure you read and understand these.

1. Health: You acknowledge that Urban Fitness is a gym that engages in strenuous and high intensity exercise routines. We recommend that all applicants consult a qualified practitioner as to the suitability of this type of exercise for you.

2. Facilities and Classes: We agree to make the gym, equipment facilities and group classes at Urban Fitness available to you. These facilities are available to you throughout the term of this agreement during opening hours, except where Urban Fitness is unable to make the facilities available because of any circumstance beyond our reasonable control. For the avoidance of doubt, Personal Training and Olympic Weightlifting Training are not included in the fixed or casual membership and can be organised separately with the gym at an additional cost.

3. Your Membership Commitment:

(a) Fixed: You are initially committing to a membership of three (3) months. For that period, you will pay the fee on time, regardless of the number of times you attend the gym. Without taking away any termination rights in this agreement, your membership will automatically renew for a further term on the same terms and conditions in this agreement unless you give us notice in writing to the contrary in accordance with clause eight (8). You will receive a notification to your preferred method of communication (phone or email) two (2) weeks prior to the expiry of your term to let you know that you have a renewal coming up.

(b) Casual: The Urban Fitness casual contract is a flexible contract. You are not committing to a fixed term. During your membership you agree you will pay the fee on time, regardless of the number of times you attend the gym. Your agreement with us will continue until you provide written notice of termination in accordance with clause eight (8).\

4. Payment: Urban Fitness uses EzyPay (AU) Limited to facilitate payment of fees. You agree to pay Urban Fitness, through EzyPay (AU) Limited, by direct debit in cleared funds in advance weekly, fortnightly or monthly from the commencement date until the agreement is terminated in accordance with this agreement.

5. Late Payment: If a direct debit is returned unpaid on the due date, EzyPay (AU) Limited will charge a dishonour fee to your account in accordance with their Fees and Charges available on their website.

6. Changes: To run an efficient and successful gym, we reserve the right to amend this agreement, change the fee, the gym rules, the gym operating hours and our policies.

(a) Fixed:

i. Conditions: We agree to provide you with at least fourteen (14) days’ notice if we intend to make any amendment to this agreement, the gym rules, the gym operating hours and/or our policies (unless the amendment is required to protect your health and safety, in which case it will take effect immediately). Where you are notified of an amendment which will have a material negative effect on your rights under this agreement you may terminate this agreement by providing us written notice within seven (7) days of receiving the notice of amendment that you wish to do so. If you provide us with written notice the effective date of your termination will be the date of the relevant amendment. If you do not exercise this right within the seven (7) day period, the amendment will apply to your agreement.

ii. Fee: If we make an increase to the fee charged in this agreement we will provide you with a minimum of fourteen (14) days’ notice of when the fee increase will take effect. Regardless of the date on which the fee increase takes effect, for existing contracts the change will not take effect until the next renewal. At the time of renewal, if you have not provided written notice of your intention to terminate the agreement in accordance with clause seven (7), the increase will be automatically deducted from your account.

(b) Casual:

ii. Fee: If we make an increase to the fee charged in this agreement we will provide you with a minimum of fourteen (14) days’ notice of when the fee increase will take effect.

If, at the date the amendment is to take effect, you have not provided written notice of your intention to terminate the agreement in accordance with clause eight (8), the amendment will take effect and any increase in fee will be automatically deducted from your account following that date.

7. Rules and Conduct: You agree to abide by all rules posted in and around the gym or otherwise notified to you which relate to use of equipment, health and safety and the day to day operation of the gym. In using the gym, you promise:

(a) to use gym equipment responsibly and in accordance with provided instructions to ensure personal safety. You should make sure that you know how to exercise safely, and if you are not sure, you should ask for our assistance;

(b) to exercise in a way that is safe to you and others using the gym. You are required to prioritise health and safety, including personal hygiene, while using the gym. This includes maintaining cleanliness and proper sanitization of equipment used;

(c) to act in a considerate and respectful manner towards the gym’s staff and other members of the gym. This includes, but is not limited to, not monopolising equipment, not making negative comments about coaches or members, or not attempt to coach other members in an unsolicited manner; and

(d) to advise staff as soon as possible if you become aware of any faulty equipment or safety concerns.

If we find you conducting yourself in a way that breaches this clause, any of the gym’s policies or other rules posted in or around the gym, we may expel you from the gym and either suspend or terminate your membership and any agreement with immediate effect.

8. Termination:

(a) Fixed: You have contracted to remain a member for the term. If you do not wish to renew your membership for a further term you must provide us written notice three weeks prior to the expiry of the term that you do not wish to renew. If we receive written notice that you do not wish to renew your term, this agreement will terminate at the end of your term. This right of termination is in addition to any other rights of termination you may have in this agreement (see clauses six (6), nine (9) and ten (10)).

(b) Casual: You may terminate this agreement at any time by providing written notice to the gym of your termination at least five (5) banking days before the date your next payment is due. Your termination will take effect from that next payment date. This right of termination is in addition to any other rights of termination you may have in this agreement (see clauses six (6), nine (9) and ten (10)).

9. Termination for Medical Reasons: You may terminate this agreement by providing written notice to the gym from a qualified medical practitioner that certifies that you are permanently sick or unable to undertake any exercise regime for a period of three months.

10. Termination by Breach: Either party may terminate this agreement by written notice to the other where there has been a material breach of this agreement and where the breaching party does not remedy that breach within seven (7) days’ of receiving notice of the breach. Any non-payment of fees due for a period of more than seven (7) days will constitute a material breach.

11. Termination for Convenience: We may terminate this agreement without reason by giving you 4 weeks written notice of termination to you.

11. Suspension of Membership: If you know in advance that you will not be able to attend the gym for a period, you may put your membership on-hold for a minimum period of two (2) weeks by providing us with written notice of your intention to do so at least five (5) working days before placing your membership on-hold. You may place your membership on-hold no more than once every 6 months. On-hold periods will not be counted in any notice period required for termination of your membership, or any minimum term.

12. Liability and Indemnity:

(a) You shall be responsible for loss or damage which is caused by your use of the gym. You understand the possibility of injury or other dangers connected with any form of physical activity including the activity usually included in your membership, and your use of any of the gym’s equipment or machinery or facilities is entirely at your own risk unless the gym is negligent or at fault.

(b) We will not be responsible for any damage caused by you failing to follow any rules or reasonable directions given in relation to use of the gym’s facilities.

(c) You are solely responsible for your property. The gym will not be responsible for any loss or damage to valuables brought into the gym or onto its premises unless the gym or an employee of the gym intentionally damaged, stole or lost your property.

(d) Nothing in this agreement is intended to have the effect of limiting or reducing your rights against us under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. As a consumer, you are entitled to certain guarantees and rights under the Consumer Guarantees Act and the Fair Trading Act. If we breach any of these guarantees, your rights of redress are set out in the Consumer Guarantees Act and the Fair Trading Act.

13. Keep us Informed:

(a) It is your responsibility to keep all personal information held by the gym about you updated, including your contact details.

(b) You must ensure that all personal information you provide to the gym is true and accurate and you must not knowingly provide any false information to the gym.

(c) You also authorise the gym to use information for any subsequent dealings that you may have with the gym as a result of your application, including the provision of information to third parties regarding any failure to make any payment when due.

14. Privacy and Use of Personal Information:

(a) We respect your privacy and adhere to New Zealand's privacy laws. Any personal information collected from you will be used solely for the purpose of gym membership management and communication related to gym activities. Personal information will not be shared with third parties without explicit consent from you.

(b) You have the right to access and correct your personal information held by the gym. For inquiries or concerns regarding privacy and personal data, please contact us.

(c) By agreeing to these Terms of Service, you acknowledge and consent to the collection and use of your personal information as set out in these terms.

15. General:

(a) If written notice is required to be provided to either party under this agreement, it may be provided by email at the addresses given on the website or as otherwise updated by you by way of written notice to the gym.

(b) The gym may be prevented from meeting its obligations under this agreement because of a cause beyond the reasonable control of the gym. In these circumstances, the gym can suspend your use of the gym and your fee will be suspended until the gym is restored.

(c) This agreement is exclusive to you. The gym shall be entitled to assign this agreement, in circumstances where the gym’s business is being sold or restructured. If an assignment by us has a material negative effect on your membership rights, notice of the assignment may be treated as an amendment and clause five (5) will apply.

(d) If a dispute arises between the parties about this agreement, the parties must follow the dispute resolution process set out below:

i. The parties will use their best endeavours to promptly resolve any dispute or difference between them by way of good faith negotiations.

ii. If the dispute is not resolved by negotiation within fourteen (14) days of either party notifying the other of the dispute (or such longer period agree by the parties), either party may require the other to submit to mediation with assistance of a qualified mediator.

(e) If any provision of this agreement is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of the agreement and shall not affect the enforceability, legality or application of any other provision of this agreement.

16. Commonly Used Terms:

(a) agreement means your agreement with the gym, consisting of your agreed membership (fixed or casual), your payment schedule (weekly/fortnightly/monthly), these conditions of membership and any other forms, policies and/or rules of the gym referred to in these conditions of membership;

(b) Casual means the terms will apply only if you have elected a casual contract.

(c) gym, us, our and we mean Urban Fitness Limited located at 4 College Street, Te Aro, Wellington and our equipment and facilities;

(d) member, you and your means you personally identified by your name and contact information provided to the gym;

(e) fee means the membership fees specified on our website and as notified by us in writing and includes GST and any future increases in accordance with this agreement, if any;

(f) Fixed means the terms will apply only if you have elected a fixed term contract.

(g) term means the length of time you have committed to the gym (if any) and any renewed term; and

(h) payment schedule means the frequency of payment of fee.

17. Members Under 18: if you are under eighteen (18) years of age you must have your parent or legal guardian sign a consent and indemnity form before your membership will be accepted. You will need to come into the gym with your parent or legal guardian and have them sign the consent and indemnity as part of the application process.

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