MEMBERSHIP TERMS AND CONDITIONS
1. DEFINITIONS: In this Agreement “Company” means O2 Fitness Limited (trading as Oxygen Fitness). “Gym” means the Oxygen Fitness site at Alexandra Park, Auckland. “I” and “Member” means the person whose name and signature appear on this document. Member is responsible for updating address and contact information.
2. COOLING OFF PERIOD: If I wish to cancel this Agreement, I may do so by emailing written notice to the Company. The notice must say that I do not wish to be bound by the Agreement and must be delivered before midnight on the Seventh day from the Agreement date. If I cancel this Agreement, the Company will refund anything I have paid, but the refunded amount will be less an amount for the membership I have already used (if any) at the then-current one-day pass rate. This will be calculated on a per-swipe basis. If the amount of use surpasses the initial start up fees, my membership will be terminated immediately, however no refund will be issued. Refunds will be made no later than 14 days after the day on which the Company was informed about my decision to cancel, and the access card returned. The refund will be made using the payment method I used for the initial transaction; there are no cash refunds.
3. MEMBER OBLIGATIONS: This Agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I acknowledge that the fee paid is not refundable under any circumstances. If I have a term membership, my membership will automatically renew after the term ends, and I will continue to be billed according to my regular billing schedule unless I provide notice of cancellation. All memberships have a minimum 10 week period, where cancellation and cancellation requests will not be accepted. I agree not to conduct any kind of commercial or business activity in the Gym and will not act as a personal trainer for anyone within the Gym. I understand I am responsible for updating my address and contact information. I understand I am responsible for my own health and safety when using the gym, and agree that I will not compromise the health and safety of others.
4. CANCELLATION: After my right to cancel period (if any), I may cancel my membership by giving 30 days notice to the Company by email. For month to month memberships, the notice will be effective on the last day of the month which is at least 30 days from the date of my notice. For term memberships (excluding prepaid term memberships), early cancellation will require a payment of twenty five percent of the remaining amount owing under the term (if any). For prepaid memberships, the membership fee is not refundable under any circumstances. I acknowledge I will be required to pay all fees during the notice period and any outstanding fees for other services already supplied to me, regardless of whether or not I use the Gym after the date of my notice. If collection or legal services are needed to collect any unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of the Company. If I die or become totally or permanently disabled, upon reasonable written notice to the Company with proof of the death or disability, either I or my estate may cancel this Agreement and receive a prorated refund of the unused portion of membership fees incurred.
5. MEMBERSHIP FREEZE: I have the right to freeze my membership for a minimum period of two weeks and a total maximum period of six weeks per year. During a membership freeze, I will not be charged standard membership dues. I must provide written notice of a membership freeze at least five days in advance of my next billing cycle. I will incur a processing charge of $5 for each frozen week. For prepaid or term agreements, the membership will be extended for a period equal to the freeze period. A membership cannot be cancelled during a freeze period.
6. FACILITIES AND SERVICES: The Company reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Gym may be closed for up to two weeks each year for maintenance purposes.
7. PRICES: From time to time, and not more than once per year, the Company may need to increase the price of my membership fees. The Company will give at least 30 days’ notice of any incoming price increase, and will make it very clear when the price increase will take effect and how much my membership will cost after the increase. During this period, I will have my usual right to terminate my membership in accordance with the membership terms and conditions. If I do not terminate the membership by the date given to me in the notice then the price of my membership will be increased in accordance with the notice provided.
8. MINIMUM AGE: All membership holders of the Gym must be a minimum 16 years of age. All minors under the age of 18 are restricted to access during staffed hours only, and a parent or legal guardian must sign the membership Agreement. The minimum age accepted may vary (but is never below the minimum age of 16) and is at the discretion of the Company.
9. NO STEROIDS: I understand that the Gym bans the use of steroids and I agree not to use, sell or exchange steroids on the Gym’s premises.
10. LIMITATION OF LIABILITY: I agree that, except for any legal responsibility that the Company cannot exclude in law (such as for death or personal injury), the Company is not legally responsible for any: (i) losses that (a) were not foreseeable to me and them when the contract was formed or (b) were not caused by any breach on the part of the Company; (ii) business losses; or (iii) losses to non-consumers.
11. ACCESS TAG: I understand that only authorised members or guests may access the Gym and I am not permitted to share my access tag with anyone else. Access tags are not returnable and non-refundable. The access tag has been issued to enable me to securely access the Gym in accordance with the terms of my membership. If I lose or misplace my access tag, I need to contact the Company to remove the tag immediately. If I require a replacement tag, I understand I will be charged for the replacement tag at the then-current rate. I understand I will be fined $150 for each instance where a non-member accesses the Gym using my access tag.
12. RESPONSIBLE USE OF EQUIPMENT: I understand that the Gym is located in a mixed residential and commercial building. I will use the Gym equipment responsibly and will avoid making excess noise. I understand and acknowledge that if I am using equipment irresponsibly or making excess noise, I will receive a written warning. In the case of repeated misuse of equipment or excess noise, I may (at the Company’s absolute discretion) receive a fine of $150. In the case of a further breach, the Company may (at its absolute discretion) exclude me from the Gym for a period of up to 3 months.
13. MISCELLANEOUS: This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. With the exception of pricing changes from time-to-time as noted above, this Agreement may not be amended or modified except in writing and signed by both parties.
PAYMENT AUTHORISATION
14. PAYMENT AUTHORISATION: For purposes of this payment authorisation, the term “I” refers to the new member whose name appears above as the primary account holder and whose signature appears below. “You” refers to the financial institution where I hold an account. I authorise you to pay membership fees on my behalf to the Company (or its designee) in the amount of the membership plan I have selected (inclusive of GST at 15%). These payments will continue until I submit a written notice of cancellation of my membership to the Company as instructed in this Agreement. I agree I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that you will be fully protected in honouring these direct debits and that your treatment of them and rights in respect to them are the same as if personally signed by me. I understand that if I terminate the Agreement or stop the automatic membership payment arrangement in a manner not described in the Agreement, I may be liable to the Company for damages for breach of contract.
GYM USAGE TERMS & CONDITIONS
15. DEFINITIONS: In this Agreement, “the Company” refers to O2 Fitness Limited (trading as Oxygen Fitness). “The Gym” means the Oxygen Fitness site in Alexandra Park, Auckland. “I” means the person whose name and signature appear on this Agreement. “Licensor” means the brand Company.
16. PHYSICAL CONDITION AND NO MEDICAL ADVICE: I confirm that I am in good physical condition and have no medical reason or impairment that would prevent me from my intended use of the Gym’s facilities. I understand and acknowledge that the Company will not and cannot provide me with any medical advice. If I have any health or medical concerns now or after I join, I will discuss them with my doctor before using the facilities.
17. GUEST REQUIREMENTS: I understand I may be expected to show proper identification when I enter the facility.
18. RULES AND POLICIES: I agree to follow the Gym rules and policies whether posted at the Gym or communicated by Gym staff. The Gym may, in its sole discretion, modify its rules and policies without notice at any time. I understand that repeated breach of the Gym’s rules and policies may result in exclusion from the gym for a period of up to 3 months, or in the case of a serious and/or further repeated breaches, termination of this Agreement.
19. DAMAGED, LOST OR STOLEN PROPERTY: I understand that the Company is not responsible for any of my personal property that is damaged, lost or stolen while in or around the Gym. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the Gym facility and will reimburse the Company for any damage I cause.
20. LIABILITY FOR PROPERTY: The Company is not liable to me for any personal property that is damaged, lost or stolen while on or around Gym premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I cause any damage to the Gym, I am liable to the Company for the cost of repair or replacement.
21. VIDEO NOTICE: I will not take unauthorised photos or videos anywhere in the Gym. I understand the Company may take photographs and video content of the Gym facility which includes its members for promotional purposes (but in which its members are not specifically identified) I consent to this use. I understand that the Gym uses unmonitored video surveillance and access card usage is logged, which both may be retained by the Gym for future use and which will not be provided to any third party, except as required by law.
By acknowledging electronically, I affirm, understand and agree to the Membership Terms and Conditions, Payment Authorisation, Gym Usage Terms & Conditions and Privacy Policy found at https://www.oxygenfitness.co.nz
Updated 15/03/2023
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