Membership

Terms and Conditions

In these terms and conditions,

• “Company” or “Company’s” means Fitness Sci-Tec Limited.
• “Releasees” means Fitness Sci-Tec Limited, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assignees.
• “Service” or “Services” means Fitness Sci-Tec Limited leased facilities, equipment, and other related services made available to you.
• “Activity” or “Activities” means personal training sessions, class training sessions, online training sessions, and other training sessions made available to you.

1 General:

1.1 Your membership is governed by this agreement.

1.2 If written notice is required to be provided to either party under this agreement, it may be provided by post or email at the addresses given on the membership form or as otherwise updated by you by way of written notice to the Company.

1.3 If a dispute arises between the parties in relation to this agreement, the parties must follow the dispute resolution process set out below
(i) Promptly negotiate and resolve between each other by way of good faith.
(ii) If the above does not resolve the dispute and parties are in deadlock, either party may submit to mediation.
(iii) If the above does not resolve, either party may take steps to seek relief before an appropriate court.

2 Eligibility:

2.1 Members must be 18 years or over.

3 Membership:

3.1 Administration, sign up, and subscription fees are charged in accordance with the membership plan chosen.

3.2 The term/duration is in accordance with the membership plan chosen.

3.3 For membership plans please visit https://fitnessscitec.co.nz/packages/

3.4 In the event that any damage to equipment or facilities occurs because of your actions, neglect or recklessness, you will be held liable for any and all costs associated.

4 Payment:

4.1 You agree to pay the fees stated in 3.1

4.2 The Company will debit your membership fees from your nominated debit/visa card on a weekly basis using a third-party payment provider. You must make sure there are sufficient funds to satisfy your payment due.

4.3 If you have outstanding debts, we will continue to debit your nominated debit/visa card without notice, until we have received the total amount you owe us. We will make reasonable efforts to contact you and discuss this with you beforehand.

4.4 You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we may use a collection agency for recovery of funds plus reasonable expenses incurred in the recovery of the debt. This may affect your credit rating.

5 Cancellation:

5.1 Should you decide to cancel before your membership plan matures, you must notify the Company by written notice. In relation to fees, you must pay the Company any overdue fees and the remaining amount of your membership plan.

5.2 Should you decide to cancel due to membership amendments made by the Company as stated in clause 9.1.3 you must pay the Company any overdue fees and the next payment due.

6 Termination:

6.1 For medical reasons: If you become medically incapacitated, provided you supply the Company with supporting documentation to reasonable satisfaction (from a qualified medical practitioner) certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of three months or the remaining term of your membership, whichever is shorter. You must give us at least 7 days’ notice.

6.2 By the Company: We reserve the right to terminate your membership should you breach this contract and/or display actions of misconduct. You will still be liable to complete payment for your membership plan including any overdue fees.

7 Information:

7.1 You must ensure that all personal and/or contact information you provide to the Company is true and accurate and you must not knowingly provide any false information to the Company.

7.2 It is your responsibility to ensure that you update (by way of written notice to the Company) all personal and/or contact information held by the Company about you.

8 Health and Safety

8.1 You must disclose all relevant personal health and fitness information both prior and during the course of your membership.

8.2 You acknowledge your membership involves a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. You agree to not participate unless you are medically able and properly trained.

8.3 In the event that you should require medical care or treatment, you authorize the Company to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. You further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry health insurance.

9 Amendments to your membership terms:

9.1 The Company reserves the right to amend this agreement, membership plan, operating hours, and their policies in order to the run the Company efficiently.
The Company will provide at least 14 days’ notice to you of any such amendment (unless a change is needed for health and safety reasons, in which may have immediate effect).

9.2 In the event that Membership plans are amended, the Company will honour the original fees and duration of the membership plan you signed up for.

9.3 In the event an amendment will have a material negative effect on your membership rights (you may terminate this agreement by providing us with written notice of your wish to terminate within 7 days) subject to the Company’s agreement.

9.4 If the Company agrees with your reasons provided, your membership will be terminated, and you will need to pay any applicable fees as stated in clause 5.2. If the Company does not agree with your reasons provided, the dispute resolution process will be followed.

10 Release of Liability (release):

10.1 You are voluntarily using the Company’s Services and/or participating in Activities made available to you.

10.2 You understand the risk of injury that exists while using the Company’s Services and/or participating in Activities. These risks include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. You understand that these injuries or outcomes may arise from your own or other’s negligence, conditions related to travel to and from the Activity, or from conditions at the Activity location(s). Nonetheless, you shall be responsible for loss or damage, and you assume all related risks, both known and unknown of your use of the Company’s Services and/or participation in Activities.

10.3 In consideration of the risk of injury that exists while participating and/or using the Company’s Services and Activities, you voluntarily waive any and all rights, claims or causes of action of any kind against the Releasees. You agree to release and forever discharge the Releasees from any physical or psychological injury that you may suffer. You agree to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees and any related costs. You acknowledge that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.

10.4 To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of the Company and its Releasees. You agree that this release shall be governed for all purposes by law, without regard to any conflict of law principles. This release supersedes any, and all, previous oral or written promises or other agreements.