I declare that I have read and understood the terms and conditions of my membership to
HealthFit Collective Ltd set out below and agree to be bound by them.
I agree to the following terms:
1. every detail I have provided in this contract is correct;
2. I understand that if I do not provide complete and true information, this contract can be terminated immediately;
3. I acknowledge that it is my responsibility to look after my own wellbeing while I’m in the HealthFit Studio on Clyde Quay Wharf or in Martinborough and attending HealthFit classes both on and off the premises;
4. I confirm that to the best of my knowledge I’m unaware of any injuries or medical conditions that will make it dangerous for me to exercise;
5. I understand that I have to abide by the buy-out clause for this membership if I choose to terminate this membership for any reason;
6. I also understand that HealthFit Collective Ltd. will collect my personal information in order to process my membership declaration, for credit card reference checking, account administration and marketing purposes;
7. I understand that future information will be collected during the HealthFit Assessment for my own benefit, and my date will be discussed with the relevant HealthFit Collective staff in order to create a HealthFit Development Pathway;
8. I understand that I have the right to correct any future personal information and health and fitness data that pertains to me;
9. I understand that all my information is kept highly confidential in accordance with my rights as set out in the Privacy Act 1993;
10. I understand that this is a legally binding agreement between HealthFit Collective Ltd. and myself.
When joining HealthFit Collective as a member, you agree to join for a Minimum Period. For memberships lasting longer than 6 months, this Minimum Period is 6 Months.
For the whole of your Minimum Period, you will regularly pay your membership fees on time, even if you do not attend the HealthFit Studio on Clyde Quay Wharf. Termination conditions are set out in clause 8. However, you may cancel this contract by advising us in writing within 5 working days after the date it is accepted by HealthFit Collective Ltd. If you cancel within this time, then unless you have paid for it, you must return any goods that you have received, and pay for services provided to you, including any gym usage, personal training sessions, practitioner sessions, small group training vouchers and educational workshop vouchers you have received. HealthFit Collective will refund any credit balance directly to you.
2. Membership Entitlements
Your membership entitles you to make full use of the HealthFit studio on Clyde Quay Wharf. It does not cover food or drink or the cost of specialists, any small group programmes, pilates, or personal training and practitioner services. We cannot guarantee that the equipment you want to use will always be available to you, particularly at busy times.
Personal Trainers and other specialists may operate from the studio premises. They are not our employees or agents, but operate independent businesses. Where you choose to make use of their services, you must enter into a contract directly with them, and pay them separately. In the case that you pay HealthFit for a service, these funds are transferred directly to the contractor, and HealthFit Collective Ltd. is not liable to refund any of their work owed to you as their client.
You agree to pay:
(a) the Movement Assessment’ fee. A Movement Assessment fee covers specialist collaboration and communication provided to you, including screening your needs, health and safety requirements;
(b) the total sum of your membership fee, direct debit through direct credit via bank transfer or credit card payment.
It is a requirement of your membership that you must set up a payment via our online payment gateway before you first use the HealthFit Studio on Clyde Quay Wharf or on request from us. You agree to notify us if your payment method changes. After the end of your Minimum Period, you will continue to pay your membership fees due to an auto-renewal unless until you choose to terminate your contract under clause 8 or your membership reaches completion. After the date shown on the front of this contract we may increase the regular payment fee each year on July 1 in line with the annual Consumers Price Index increase for the year to the previous 31 March. We will give you one month’s notice in writing.
4. Club Rules
You agree to comply with all current rules for members of HealthFit Collective. A copy of these rules will always be available to you on the physical premises. You must not carry out any illegal acts on gym & studio grounds, including in our practitioner and changing rooms, and you must comply with our health and safety requirements, including those directed to your own health and safety. If you carry out any activity that we think is offensive or a danger to you or any other person, we reserve the right to require you to leave the HealthFit premises immediately. Under no circumstances may you take a photograph on the HealthFit premises unless given express permission from HealthFit Management. HealthFit Collective rules may change from time to time.
5. Suspending your membership with Healthfit Collective Ltd.
If you join HealthFit Collective for a period longer than 12 months, during this time you may suspend your membership once annually – if on a 12-month Platinum membership only – for a period no less than 1 calendar month and not longer than 3 calendar months. By putting your membership on hold, you agree to pay our current monthly Suspension Fee of $40 per month in place of your regular membership fees. If you decide to suspend your membership within the first six months of your membership, your Minimum Period will be extended by the suspended time taken. Memberships lasting only 6 months may not be put on hold. For the purpose of clause 5, a membership year commences on the anniversary of joining HealthFit Collective as a member. You are not entitled to accumulate unused suspension entitlements from one membership year to another. You must always give us 2 weeks written notice of your intention to suspend your membership.
6. Termination of this contract
Termination during Minimum Period: You have contracted to remain a member for the Minimum Period. If you choose to terminate this contract before the end of your membership term, you agree to pay 10% of the remaining amount owing on your particular membership with HealthFit. Termination will be effective from the start of your next billing period.
Termination after Minimum Period:
You do not have to pay us any termination fee if you terminate after the end of your Minimum Period unless the auto-renewal has been in action for 4 weeks or longer.
How to terminate:
For memberships longer than 12 months, you must give us one month’s written notice of your intention to terminate. This may be given during your Minimum Period. We will stop payments of your monthly fees after the end of your notice period.
At any time, we can terminate your membership immediately by giving you notice in writing, if you breech any term of this contract, including:
(a) failing to pay any fee on the due date;
(b) breaching HealthFit rules;
(c) carrying out any illegal, offensive or unsafe activity on Club Premises.
If we do terminate your membership because of a breach of this contract, we are entitled to recover our costs and losses under this contract.
Termination of Upfront Membership.
If you, the member, decides to leave HealthFit after paying for an Upfront Membership for twelve months, HealthFit will refund 10% of the remaining term left on your membership but otherwise expects the agreed contract to be actioned or transferable to a friend or family member.
7. Overdue payments
It is your responsibility to keep your account in funds and to pay all your own fees. This includes any fees that your bank charges if your account is overdrawn because of your direct debit or your fees being charged. If any of your payments fail, we will add the outstanding sum to the next payment. We can charge you reasonable administration costs. If your account with us is more than 4 weeks in arrears, we can send it to a collection agency. If we do, you must pay all the reasonable collection costs, including actual legal fees.