Membership Terms and Conditions

DEFINITIONS. In this Agreement, “Owner” means Anisa Pascoe and/or Matthew Pascoe. “Club” means any Oxygen Fitness site. “I” and “Member” means the person whose name and signature appear on this document. Member is responsible for updating address and contact information.

COOLING OFF PERIOD. If I wish to cancel this Agreement, I may do so by emailing written notice to the Owner. The notice must say that I do not wish to be bound by the Agreement and must be delivered before midnight on the fourteenth day from the Agreement date. The Owner 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 Owner 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.

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 8 week period, where cancellation will not be accepted. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a personal trainer for anyone within the Club. I understand I am responsible for updating my address and contact information.

CANCELLATION. After my right to cancel period noted earlier (if any), I may cancel my membership by giving notice by filling out a cancellation form at the Club. The notice will be effective on the last day of the month which is at least 30 days from the date of my notice, and I will be required to pay all fees up until that date and any outstanding fees for other services already supplied to me, regardless of whether or not I use the Club 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 Owner. If I die or become totally or permanently disabled, upon reasonable written notice to the Club 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.

MEMBERSHIP FREEZE. I have the right to freeze my membership for a minimum of one month and up to three months per year, during which time I will not be charged standard membership dues. I must provide written notice at least five days in advance of my next billing cycle. I will incur a processing charge of $10 for each frozen month. 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.

FACILITIES AND SERVICES. The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.

PRICES. From time to time, and not more than once per year, the Owner may need to increase the price of my membership fees. The Club 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.

MINIMUM AGE. All membership holders of the Club 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. Minimum age accepted may vary (but is never below the minimum age of 16) and is at the discretion of the club owner.

NO STEROIDS. I understand that the Club bans the use of steroids and I agree not to use, sell or exchange steroids on the Club’s premises.

LIMITATION OF LIABILITY. I agree that, except for any legal responsibility that the Owner cannot exclude in law (such as for death or personal injury), the Owner can not be 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 Owner; (ii) business losses; or (iii) losses to non-consumers.

ACCESS CARD. I understand that only authorised members or guests may access the Club and I am not permitted to share my access card with anyone else. Access cards are not returnable and non-refundable. The access card has been issued to enable me to securely access the Club in accordance with the terms of my membership. If I lose or misplace the card, I need to contact the Club to remove the card immediately. If I require a replacement card, I understand I will be charged for the replacement card at the then-current rate.

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 a writing signed by both parties.

PAYMENT AUTHORISATION. For purposes of this payment authorization, 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 authorize you to pay membership fees on my behalf to the Owner (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 Club 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 honoring 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 Owner for damages for breach of contract.

CLUB USAGE TERMS & CONDITIONS
DEFINITIONS. In this Agreement, “the Owner” refers to Anisa Pascoe and Matthew Pascoe. “The Club” means any Oxygen Fitness club. “I” means the person whose name and signature appear on this Agreement. “Licensor” means the brand owner.

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 Oxygen Fitness® facilities. I understand and acknowledge that the Owner 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.

GUEST REQUIREMENTS. I understand I may be expected to show proper identification when I enter the facility.

RULES AND REGULATIONS. I agree to follow any Club rules posted at the Club or communicated by club staff. The Club may, in its sole discretion, modify its rules or policies without notice at any time.


DAMAGED, LOST OR STOLEN PROPERTY.
I understand that the Owner is not responsible for any of my personal property that is damaged, lost or stolen while in or around any Oxygen Fitness® location. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the club facility and will reimburse the Owner for any damage I cause.

LIABILITY FOR PROPERTY. The Owner is not liable to me for any personal property that is damaged, lost or stolen while on or around Club 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 Club, I am liable to the Owner for the cost of repair or replacement.

VIDEO NOTICE. I may not take unauthorized photos or videos anywhere in the Club. I understand that the Club uses unmonitored video surveillance and access card usage is logged, which both may be retained by the Club for future use.
By acknowledging electronically, I affirm, understand and agree to the Guest Club Usage Terms and Conditions, Payment Authorization, Membership Terms & Conditions and Privacy Policy found at https://www.oxygenfitness.co.nz

Updated 22/02/2022